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18 St. & Loc. L. News 1 (1995)

handle is hein.journals/stlolane2 and id is 1 raw text is: ItA Section of State and Local Government Law LOCAL LAW II II The Section serves as a collegialforum for its members, the profession and the public to provide leadership and educational resources in urban, state and local government law and policy. As part of its Annual Meeting activities, the ABA planned a Public Service Project to give something back to the city where the meeting is held. Here Section members get ready to plant flowers and spruce up around Lafayette Park in New Orleans. For more photos of Section activities at the Annual Meeting, see page 4. Get Active! Join a Section Committee All Section members should have received, or will soon receive, a Committee Preference questionnaire. If you are now a committee member, or you would like to join a committee, you should complete this self-mailing form and return it to Jackie Baker at ABA headquarters. All Section members are invited to make the best use of their Section membership by joining a commit- tee! Call a committee chair today and volunteer. For a complete list of Section committees, descrip- tions of activities planned for the 1994-95 Association year, and names and addresses of who to call to vol- unteer, see pages 12-15 of Section News. Legal and Public Policy Issues in Historic Preservation Oct. 26-30, 1994, Boston Park Plaza, Boston, MA, in cooperation with the National Trustfor Historic Preservation NOLPE Seminar Nov. 17, 1994, Hiatt Islandia, San Diego's Mission Bay Spring Council Meeting Apr. 27-30, 1994, Marriott Reach, Key West, FL Beyond Nollarn. The Constitutionality of Land Development Conditions After Dolan By DavidL. Ca/lies In Dolan v. City of Tigard, U.S. , 114 S. Ct. 2309 (1994), the U.S. Supreme Court struck down a municipal building permit condition that the landown- er dedicate bike path and greenway/floodplain ease- ments to the city. As the Court pointed out, had Tigard simply required such dedications, it would be required to pay compensation under the Fifth Amendment. Attaching them as building permit con- ditions required a more sophisticated analysis closely following Nollan v. California Coastal Commission, 483 U.S. 825 (1987), since the police power is implicated rather than the power of eminent domain. In the process, the Court signalled how far local government may go in passing on the cost of public facilities to landowners. The answer: only to the extent that the required dedication is related both in nature and David Callies, AICP, is professor of law at the University of Hawaii, author of Preserving Paradise: Why Regulation Won't Work (1994), and, with Freilich & Roberts, Cases and Materials on Land Use (2ded. 1994), anda past Chair of the Section. * Religious School District Unconstitutional, page 5 * Supreme Court Watch, page 7 Tribute to Jefferson Fordham, page 9 Chair's Message, page 10 Section News, page 12 • Washington's Labyrinthine Ways, page 16 Vol. 18, No. 1, Fall 1994

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