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Dirt to DevelopmentAuthor: Withey Morris
We've got a dirty secret. Quite a few actually, and you will only hear them on our new podcast called Dirt to Development. We give you a behind-the-scenes look at key development projects and the insane stories surrounding them. Stay tuned to listen to all the dirt on land use, development, and the inside politics of Arizona! Language: en Genres: Business, Management, News, Politics Contact email: Get it Feed URL: Get it iTunes ID: Get it |
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Ep. 72 - Proportionately Yours
Wednesday, 18 March, 2026
In this episode, we break down the concept of proportionality appeals in the land use context and why they have become an increasingly important tool for developers and property owners. When cities and towns impose conditions on development approvals—whether through exactions, infrastructure requirements, or other mitigation measures—the law requires those conditions to remain proportional to the impacts of the project. Drawing on the U.S. Supreme Court’s landmark decisions in Nollan v. California Coastal Commission and Dolan v. City of Tigard, we explore the constitutional limits on government exactions and how the principles of “essential nexus” and “rough proportionality” shape local land use decisions. We also discuss how those standards apply when challenging permit conditions and what developers should consider before filing a proportionality appeal. Whether you are a developer, planner, municipal official, or land use attorney, this episode offers practical insights into when a condition crosses the line—and how proportionality appeals can help restore balance between legitimate public interests and private property rights. Tune in as we unpack the legal framework, real-world implications, and strategic considerations behind one of the most important doctrines in modern land use law.
