Friday, March 13, 2015

Selmi on Takings and Extortion

Selmi-webDaniel Selmi (Loyola Los Angeles) has posted Takings and Extortion (Florida Law Review) on SSRN.  Here's the abstract:

In a series of controversial decisions the Supreme Court has addressed the constitutionality of governmental exactions that require developers to dedicate land or pay fees as a condition of developing property. Rather than focusing on the questionable doctrinal consistency of these decisions, this article sees them as reflecting an underlying judicial narrative that assumes local governments unfairly "extort" exactions. The article demonstrates how this "extortion narrative" explains the decisions and, if the Court continues to follow it, will lead to further contraction of governmental discretion and possibly to a reformulation of takings law generally. The article then evaluates the foundations of the narrative and concludes that it cannot support the reformulation of exactions takings law on which the Court has embarked.

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