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Source Takings Clause Takings Clause Matched to this deck.

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0 tracked cards Constitutional Law

A county ordinance requires a landowner seeking a permit for a small duplex to pay a $120,000 traffic-impact fee. The county says the fee funds road improvements throughout the county, but it has not estimated the traffic generated by this duplex or explained why this amount corresponds to the project's impact. The county denies the permit when the owner refuses to pay.
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The condition escapes takings scrutiny because it requires money rather than land. The condition must have an essential nexus to a legitimate land-use interest and be roughly proportional to the project's impact. The city may impose any permit condition if the project would increase traffic by any amount. The condition is valid only if the developer receives no economic benefit from the permit.

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