Q: What was Justice Souter’s dissent in the Dolan v. Tigard (1994) case?
Justice Souter
1. Appropriate test is:
“Whether the legislative action advances legitimate governmental interests and leaves the ?s with an economically viable use of the their property.”
A permit given to a property owner who wants to increase plumbing and electric supply conditioned on a “give back” is an unconstitutional taking. There must be an essential nexus between the legitimate state interest of preventing flooding and the give back of a 15-foot strip of land on owner’s property. Whereas this requirement was met in this case, there must also be a “rough proportionality” between the burden on the owner from the regulation and the burden on the public.
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