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Article: Landowners win Supreme Court ruling that restricts municipalities' authority. (eminent domain and public improvements)
- Article from:
- The Bond Buyer
- Article date:
- June 27, 1994
- Author:
CopyrightCOPYRIGHT 1994 SourceMedia, Inc. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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WASHINGTON -- The Supreme Court handed landowners a major victory on Friday in a ruling that limits the ability of how far municipalities can go in forcing property owners to pay for public improvements.
The 5-to-4 decision against the Oregon city of Tigard held that state and local governments cannot exact impact fees or land from developers to support public benefits such as greenways unless the exaction is "roughly proportional" to the benefit.
The high court held in Dolan v. Tigard that the city's demand that a property owner dedicate land for public use as a condition for approval of an expansion permit violates the Constitution's Fifth Amendment. ...