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May 26, 2022

City Requiring Property Owner To Install Public Improvements Is Unconstitutional Exaction

The City of Brookfield conditioned approval of a property subdivision (3 lot division) upon the owner's agreement to construct and dedicate a new public street. The court of appeals affirmed the circuit court's  conclusion that this exaction was an unconstitutional taking and ordered approval of Fassett’s proposed property division. 

 https://www.wicourts.gov/ca/opinion/DisplayDocument.pdf?content=pdf&seqNo=511962