Introduction; The Harms and Benefits of Nollan and Dolan

This address explores the contributions made by Nollan v. California Coastal Commission and Dolan v. City of Tigard to land use law. According to the speaker, the two cases move the analysis in the proper direction by placing constraints on city planners who would require land owners to forfeit property rights as a condition for permission to improve their property. The speaker advocates that the cost of what a government wants to accomplish should be distributed evenly among those who benefit, and not be borne exclusively by one land owner as a condition for a building permit. In addition, the benefit that the land owner receives as a result of the government action should also be figured into the calculation.