Ep. 72 - Proportionately Yours

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.