Jonathan M. Block


Limiting the Use of Heightened Scrutiny to Land-Use Exactions

Jonathan M. Block

This Note examines the Manocherian court’s use of heightened scrutiny and argues that application of heightened scrutiny, though perhaps justified in Nollan and Dolan, should not be applied to general regulatory takings claims. The purpose of this Note is to use Manocherian as an example in arguing that the use of heightened scrutiny under the Takings Clause should be limited to those situations where the Supreme Court has already applied it—land-use exaction settings—and that it should not be extended to general regulatory takings claims.