5. Dolan v. Tigard : in land use regulation, there must be an individualized determina-tion that a required forfeiture (e.g., ease-ment) is related both in nature and scope to the development's impact on the state. UNCONSTITUTIONAL CONDITIONS The level of scrutiny applied roughly tracks the standard of review used for direct infringements of the const'l right involved. Constitutional Law II Fall, 2006 Prof. Manheim Examples: 1. McAuliffe v. Mass : Will be hired as policeman only on condition that he not engage in political speech. (overrruled) 2. Nollan v. California : Will receive build-ing permit only on condition that he cede a portion of his property for coastal access. 3. Rumsfeld v. FAIR : Condition imposed on federal funding of higher education, that colleges accommodate military recruiters, is not an Unconst Cond. because gov't could directly require colleges to permit recruiters. 4.
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