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Home / Opinion Digests / Municipal / Municipal – Public Utilities – Real Property – First Impression – Unconstitutional Conditions Doctrine (access required)

Municipal – Public Utilities – Real Property – First Impression – Unconstitutional Conditions Doctrine (access required)

The plaintiff-developers argue that the defendant-county violated the unconstitutional conditions doctrine by assessing water and sewer fees prior to issuing permits to develop real property. The doctrine seeks to prevent the government from leveraging its legitimate interest in mitigating harms by imposing extortionate demands which may pressure a landowner into voluntarily giving up property for which the Fifth Amendment would ...

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