Property Rights, Dolan v. Tigard

[muon2]

As I understand the situation in Tigard, Dolan was not seeking zoning approval, but a building permit. These are quite different powers of a municipaity. The granting of building permits is a ministerial rather than a legislative act. For such acts there must be a clear nexus that is uniformly applied to other similar situations. The City of Tigard was making a unique demand that was innappropriate in the given context.

For instance, in my county all building permits are conditioned on providing stormwater management on their land to compensate for the increase in impervious surface. This requirement has withstood court challenges. Cash donations to schools for residential construction also are acceptable. However, donations to schools from commercial property developers are unacceptable exactions, since there is no nexus.