Weinstein Publishes on U.S. Supreme Court’s 2012 Takings Cases, and on the Ohio Supreme Court’s Stand on Development Impact Fees

Professor Alan Weinstein

Professor Alan Weinstein

C|M|LAW Professor Alan Weinstein’s article, co-authored with Brian Blaesser, The Court’s 2012 Takings Cases, was published in 41 Real Estate L.J. 512 (2013). In this article, they discuss the three takings cases before the U.S. Supreme Court this term and predict that in St. Johns River Water Management Dist. v. Koontz, 77 So. 3d 1220 (Fla. 2011), cert. granted, 133 S. Ct. 420 (2012), arguably the most important of the cases, the Court will reject the claim that the Nollan/Dolan exactions test should be extended to apply to proposed conditions on development in addition to conditions that have actually been imposed.

In addition, Professor Weinstein’s article, The Ohio Supreme Court’s Perverse Stance on Development Impact Fees and What To Do About It, was published in 60 CLEV. ST. L. REV. 655 (2012).  In that article, he argues that the Ohio Court’s rulings that development impact fees are lawful when enacted by municipalities but unlawful when enacted by townships is indefensible both legally and from a policy perspective and that the Ohio legislature should act to remedy the situation by enacting enabling legislation authorizing both municipalities and townships to impose development impact fees and specifying the parameters and standards for such fees.

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