Land Use & Zoning
What is 'exaction' in Illinois land development and is it constitutional?
AAn Illinois tax on new construction; constitutionally required by state law
BA condition imposed on development approvals requiring developers to provide public benefits (land dedication, fees) proportional to the development's impact; constitutional if the required nexus exists✓ Correct
CA fine for zoning violations; always constitutional
DGovernment acquisition of development rights; unconstitutional without compensation
Explanation
Exactions are conditions imposed on development permits requiring developers to provide land (dedications for parks, roads) or pay fees (in lieu of dedication). Under U.S. Supreme Court decisions (Nollan/Dolan), exactions must meet a two-part constitutional test: there must be an 'essential nexus' between the government interest and the condition, and the condition must be 'roughly proportional' to the development's impact. Illinois courts apply these standards when exactions are challenged.
Related Illinois Land Use & Zoning Questions
- An Illinois municipality that wants to protect historic buildings and neighborhoods can designate:
- In Chicago, the Lake Shore Drive protection corridor and Chicago lakefront ordinances exist primarily to:
- What is 'teardown development' in Illinois suburban and urban markets?
- In Cook County, Illinois, property is assessed in triennial cycles, meaning each neighborhood is reassessed once every:
- What is an 'annexation' in Illinois municipal law and how does it affect property owners?
- In Illinois, a deed restriction (restrictive covenant) differs from a zoning regulation in that:
- Illinois municipalities may use tax increment financing (TIF) districts primarily to:
- The 'spot zoning' doctrine in Illinois courts typically finds spot zoning invalid when:
Practice More Illinois Real Estate Questions
1,500+ questions covering all exam topics. Start free — no signup required.
Take the Free Illinois Quiz →