Legal commentary

Excerpt

The U.S. Supreme Court recently reviewed and reversed an appeal from the Oregon Supreme Court in the case of Dolan v. City of Tigard, 854 P. 2d 437 (Or. 19931, reversed, 62 U.S.L.W. 4576 (June 21, 1994). In Dolan, the Court gives more protection to property rights. Thus the Court limits government power to regulate land use, depending upon “the nature and extent” of the problem it seeks to regulate. The Court's decision will affect, in some instances, soil and water conservation, farmland preservation, and other natural resource regulations on agricultural lands. The article below gives a brief background of the relevant law and changes in the law based on the Court's decision. Most importantly, the article points out the immediate effects and long-term implications of the case, assuming that the Court continues its current analysis of cases involving property rights.

The relevant law

The Fifth Amendment of the U.S. Constitution requires that the government pay “just …