Real Estate Development and the Takings Clause: Dolan v. City of Tigard

  • August 21, 1995
  • • Written by: Donald C. Guy James E. Holloway 

August 1995, Vol 20, No 2

Abstract: Real estate developers and counselors must be concerned with the impact of land dedication conditions and other use restrictions related to the feasibility of development and its profitability. In June 1994, the United States Supreme Court directly addressed these concerns. The Supreme Court in an interpretation of the Takings Clause of the United States Constitution established an ‘outer limit to how’ municipal governments can impose land dedication conditions on real estate developments. This article reviews the background of the case and the impact of the findings.