Exactions occur when applications to develop parcels of land require governmental permission, and that permission is conditioned upon dedicating part of the land to public use. Exactions have long been challenged as regulatory takings, and both federal and state courts look at these types of regulations with a heightened level of scrutiny due to the nature of exactions to remove a crucial element from the bundle of property rights associated with ownership of real property: the right to exclude. This column discusses a recent example of exactions jurisprudence applied in New York and goes on to compare that decision in that case to a long history of Supreme Court takings jurisprudence.
John R. Nolon & Jessica A. Bacher, Court Reviews: The Takings Doctrine and Exactions, N.Y. L.J., Feb. 16, 2005, at 5, available at http://digitalcommons.pace.edu/lawfaculty/686/.