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.


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