John applied for a 200 square foot room addition to his home in a residential neighborhood. The City is demanding that he dedicate an easement for a bike path along the front of his property (10’x100’) and an easement for a storm water runoff system at the rear of his property (10’x100’). 1. Apply the Nollan/Dolan analysis to these faces (see below for explanation on Nolan Dolan). Use the IRAC method. 2. John’s application also includes covering the rear 50% of his lot in asphalt. Apply this new fact to analysis of the storm drain exaction. Use the IRAC method to discuss. Nollan/Dolan Test • Nollan – Cal. Coastal Commission demanded path across beach front property: Path was parallel to water • not an “access” to beach issue • Actually taking some of land to merely give others ability to have same view, enjoyment of the beach – Held: No nexus to legitimate government interest in requiring path along the beach – When enacting such requirement, have GOOD reason supported by scientific evidence for policy Nollan/Dolan Test (con’t) • Dolan – City put condition on discretionary permit: must have bike path along property and a storm drain easement • Path was parallel to road • Held: – 1. Must show essential nexus with the Property taken – 2. Taking must be roughly proportional to development’s impact – When enacting such requirement, have GOOD reason supported by evidence why THAT DEVELOPMENT is creating the impact and how the condition is mitigating it Best Practices in California • For conditions of development (CUP’s, etc.) – City has burden of proving sufficient nexus between impact of development and the dedication – No precise calculation exists – City has burden to show why dedication is necessary and why land use restriction will not accomplish the goal – City can only seek dedications expected from THAT development – Do not rely on conclusory statements, use quantifiable evidence create IRAC analysis according to the information and Nolan/Dolan Test. please follow the instructions and all information above . .

1. John applied for a 200 square foot room addition to his home in
a residential neighborhood.
The City is demanding that he dedicate an easement for a bike
path along the front of his property (10’x100’) and an easement
for a storm water runoff system at the rear of his property
(10’x100’).
1.
Apply the Nollan/Dolan analysis to these faces (see below for
explanation on Nolan Dolan).
Use the IRAC method.
2.
John’s application also includes covering the rear 50% of his lot
in asphalt.
Apply this new fact to analysis of the storm drain exaction.
Use the IRAC method to discuss.
Nollan/Dolan Test
•
Nollan
– Cal. Coastal Commission demanded path across beach front
property: Path was parallel to water

2. •
not an “access” to beach issue
•
Actually taking some of land to merely give others ability to
have same view, enjoyment of the beach
–
Held: No nexus to legitimate government interest in requiring
path along the beach
–
When enacting such requirement, have GOOD reason supported
by scientific evidence for policy
Nollan/Dolan Test (con’t)
•
Dolan
– City put condition on discretionary permit: must have bike
path along property and a storm drain easement
•
Path was parallel to road
•
Held:

3. –
1. Must show essential nexus with the Property taken
–
2. Taking must be roughly proportional to development’s impact
–
When enacting such requirement, have GOOD reason supported
by evidence why THAT DEVELOPMENT is creating the impact
and how the condition is mitigating it
Best Practices in California
• For conditions of development (CUP’s, etc.)
–
City has burden of proving sufficient nexus between impact of
development and the dedication
–
No precise calculation exists
–
City has burden to show why dedication is necessary and why
land use restriction will not accomplish the goal
–
City can only seek dedications expected from THAT
development

4. –
Do not rely on conclusory statements, use quantifiable evidence
create IRAC analysis according to the information and
Nolan/Dolan Test.
please follow the instructions and all information above .