Oregon Law Review : Vol. 90, No. 3, p. 885-912 : Lines in the Dirt: West Linn Corporate Park, Exactions, and the Effort to Clarify Federal Takings Law
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.