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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