Cornell Law Review Online

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Untangling Horne; Resuscitating Nollan

by Mark Kelman

Not atypically, the Supreme Court in Horne interprets the canonical Nollan narrowly as a case about developer exactions.  Viewed that way, Nollan does not speak to the issue in Horne: the raisins that the government took from the owners were not surrendered in exchange for explicit permission to engage in an activity the government either […]