Will Exactions Survive the Supreme Court?
Will Exactions Survive the Supreme Court?

$29.00 4 Sections 4 Lessons

Course Description

Taught by former San Diego Planning Director and longtime planing commentator, Bill Fulton,
AICP, this course covers the history of exactions and how the pending Supreme Court case on
exactions could, known as the Sheetz case, could dramatically affect planning practice. It covers
the history of the Nollan/Dolan doctrine, which creates limits on exactions that can be imposed
on developers, and dicusses implications for planning practice depending on how the Supreme
Court rules in Sheetz. The course is designed to:
1. Ground practicing planners in the legal history and concepts behind exactions.
2. Help planners understand the legal limits to exactions under current law.
3. Prepare practicing planners for possible changes that could result from the Supreme
Court’s pending ruling in the Sheetz case.

Eligible for 1.0 AICP CM credit (Law).

Course Content

Part 1: What Is An Exaction?

Part 1 defines exactions and describes the evolution of exactions up until the 1980s.
Exactions Part 1: What Is An Exaction?

Part 2: The Evolution of the Nollan/Dolan Doctrine

Part 2 describes the evolution of the Nollan/Dolan legal test for exactions, including a detailed discussion of the Nollan and Dolan cases.
Exactions Part 2: The Evolution of the Nollan/Dolan Doctrine

Part 3: Beyond Nollan/Dolan

Part 3 describes the evolution of exactions law after Nollan/Dolan, with particular emphasis on California’s “legislative carveout” that exempts some exactions from the Nollan/Dolan doctrine and a description of the U.S. Supreme Court’s Koontz case.
Exactions Part 3: Beyond Nollan/Dolan

Part 4: The Sheetz Case

The culmination of our class: Here's what the U.S. Supreme Court did in the Sheetz case and how it's likely to affect planning practice in California -- complete with an explanation of how El Dorado County came up with the traffic impact mitigation fee in the first place and whether that methodology will hold up in court.
Exactions Part 4: What the Supreme Court Did In The Sheetz Case