B.A.M. Development, LLC v. Salt Lake County (“BAM I”)

Utah Supreme Court

2006 UT 2, 128 P.3d 1161

     In the context of an exaction, the standard of measure adopted by the United States Supreme Court is “rough proportionality.”  A government entity must make some sort of individualized determination that the required exaction is related both the nature and extent to the impact of the proposed development.

     The rough proportionality test has two components:  (1) inquiry into the presence of an “essential nexus” between a legitimate state interest and the land dedication requirement; and (2) some sort of individualized determination that the required dedication is related both in nature and extent to the impact of the proposed development.

Full Text of B.A.M. Development, LLC v. Salt Lake County (“BAM I”)

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