Legal Topics

Constitutional law — Takings — Municipal corporations — Annexation — Contracts — Pre-annexation agreements between landowners and city — Monetary and land dedication extractions

Apr 23rd, 2019 in News by admin

Constitutional law — Takings — Municipal corporations — Annexation — Contracts — Pre-annexation agreements between landowners and city — Monetary and land dedication extractions — Municipal corporation may not, as a contractual condition associated with voluntary annexation, extract a promise from a landowner to pay money and donate land when developing that property where the governmental taking is not roughly proportionate to the burden associated with the development of the property — U.S. Supreme Court decisions in Nollan v. California Coastal Commission, Koontz v. St. Johns River Management District, and Dolan v. City of Tigard apply to pre-annexation agreements at issue in instant case — There was no nexus between money and land extractions and valid policy, and the extractions imposed by the City were not roughly proportionate to burden the development of the properties at issue would have — Money and certain land extractions fail under unconstitutional doctrine — Moreover, under Florida law, money extraction was not an authorized impact fee, special assessment, or user fee — Invalid extraction provisions are severable from agreements