Proportionality

/prəˌpɔrʃəˈnælɪti/ noun

Definition

The constitutional requirement that government exactions be roughly proportional in scope and extent to the impact created by proposed development. Even with proper nexus, exactions that are excessive relative to the development's impact violate the Takings Clause.

Etymology

From Latin 'proportio' meaning 'comparative relation' or 'analogy.' The legal principle evolved from general notions of fairness and due process into a specific constitutional test for development exactions, emphasizing that government responses must fit the scale of problems created.

Kelly Says

Proportionality ensures that developers pay their fair share but not everyone else's—if your subdivision will generate 100 new car trips daily, you shouldn't have to fund highway improvements for 10,000 cars. The Dolan case established this test when Oregon demanded that a hardware store expansion include a bike path and flood control, far exceeding what the small project actually required. This doctrine continues evolving as cities face pressure to address climate change, affordable housing, and infrastructure needs through development conditions.

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