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Nollan and Dolan II, Burden of Proof
Activity Code: S550
Date: Monday, April 28
Must government agencies show that “essential nexus” and “rough proportionality” tests are met before imposing an exaction? Or is it up to property owners to counter a presumption that exactions meet these standards? Probe the issues surrounding the burden of proof, efforts by government agencies to avoid it, and expert opinions about what a fair rule might look like.