Section 6.28 Conditions and Dedications

• Library: Local Government Deskbook (2017 Ed.)

B. (§6.28) Conditions and Dedications

The few reported state court decisions regarding the subdivision process generally relate to the imposition of conditions, including a public dedication of property, on the approval of a subdivision plat. The conditioning of a plat, subdivision, or other land use approval on the dedication of property, or the payment of a fee in lieu of dedication, has been given much attention by the federal courts. See Nollanv.Cal. Coastal Comm’n, 483 U.S. 825 (1987), and Dolan v. City of Tigard, 512 U.S. 374 (1994), and the progeny of cases surrounding these decisions. As noted in §6.4 above, much has been written regarding these cases and the balance communities must strike...