"Exit" as a Constraint on Land Use Exactions: Rethinking the Unconstitutional Conditions Doctrine

In one of its most recent plunges into the murky waters of the takings clause, the Supreme Court held that the California Coastal Commission violated the fifth amendment by conditioning a building permit for beachfront property on the owners’ dedication of an easement allowing the public to walk on the portion of the property nearest the ocean. The Nollans, who had an option to buy the property conditioned upon their promise to build a house on the lot, challenged the “exaction” of public access on the ground that it constituted an uncompensated taking. The Nollans’ attack invoked the unconstitutional conditions doctrine, which holds that even if the government is not constitutionally required to grant a particular privilege or benef it offers that benefit, it may not condition the offer upon the re surrender or waiver of a constitutional right.