Abstract:
This Note addresses the Oregon Supreme Court’s opinion
answering the questions certified from the Ninth Circuit. In
particular, it looks to the Oregon Supreme Court’s discussion of when
and how courts ought to apply exactions analysis to evaluate
conditions imposed on development rights. Part I reviews current
interpretations of the federal Takings Clause with a focus on the
present uncertainty regarding the application of Nollan v. California
Coastal Commission and Dolan v. City of Tigard to monetary
obligations and ad hoc conditions imposed on development rights.
Part II outlines the procedural history of West Linn. Finally, Part III
examines how future courts may utilize West Linn to situate ad hoc
development conditions in the context of federal exactions law. Part
III also addresses how courts may usefully clarify the application of
federal exactions law to ad hoc conditions with greater attention to
the underlying property interest that the condition impacts.