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The Preeminent Domain

An Eminent Domain and Land Use Blog

Category: Nollan

If a Permit Condition Is Not a Compensable Taking, It Is Constitutional

It is a natural assumption that if a municipality is going to impose conditions on the granting of a building permit that the conditions must be reasonably related to the permit or else the conditions are not constitutional. But, a California court has held that if the condition that is being imposed does not unconstitutionally take something from the landowner, then it does not matter if the condition is reasonably related to the permit or not. In Powell v. County... Read More ›
Michelle Martin
Michelle Martin
February 21, 2014