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8 Seattle J. Envtl. L. 1 (2018)

handle is hein.journals/sjel2018 and id is 1 raw text is: Are Critical Area Buffers Unconstitutional? Demystifying the Doctrine of Unconstitutional Conditions Brian T. Hodgest TABLE OF CONTENTS I. INTRODUCTION...............................................2 II. THE DOCTRINE OF UNCONSTITUTIONAL CONDITIONS AND ITS SPECIAL APPLICATION TO LAND-USE EXACTIONS . ...................6 A. The Nexus and Proportionality Tests Protect Against Abuse of the Permit System by Requiring that Exactions be Sufficiently Related to the Burdened Development to Justify the Property De- mand.....................8........................ B. The U.S. Supreme Court Distinguishes the Unconstitutional Condi- tions Doctrine from General Regulatory Takings Claims............................................9 C. The U.S. Supreme Court Clarifies the Doctrine and its Applicability to Land-Use Permit Conditions in Koontz...................13 III. WASHINGTON CASE LAW ON BUFFER CONDITIONS IS RIDDLED WITH CONTRADICTORY AND INCOHERENT DECISIONS.. .....................17 A. Early Washington Decisions Apply Nollan/Dolan to Permit Condi- tions Requiring the Dedication of a Conservation Area..................17 t Brian T. Hodges is a senior attorney at Pacific Legal Foundation's Northwest Center. Mr. Hodges represented the petitioner in the unconstitutional conditions case, Koontz v. St. Johns River Water Management District, 133 S. Ct. 2586 (2013). Pacific Legal Foundation also represented the homeowner in Nollan v. California Coastal Commission, 483 U.S. 825 (1987), and participated an amicus curiae in Dolan v. City of Tigard, 512 U.S. 374 (1994). Mr. Hodges earned his J.D. from Seattle University School of Law, 2001, his M.A. from University of Washington, 1998, and his B.A. from University of Washington, 1996. 1

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