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Sturm College of Law


Privately owned public open spaces, Exactions


Some exactions are just bad. By this, I mean that they fail to mitigate the harms they were created to internalize. This struck me recently while I was researching privately owned public open spaces (POPOS), which are often exacted in exchange for a density bonus. Through my research, I determined that POPOS often fail to achieve the goals of good public space, in part because they are often exclusionary. I found myself wondering whether the citizens who were stuck with new dense buildings that block light and air, and who received only a poorly functioning POPOS in exchange, had any legal recourse.

Publication Statement

Originally published as Sarah B. Schindler, Equalizing Exactions, JOTWELL (Dec. 4, 2017), (reviewing Gregory M. Stein, Reverse Exactions, 26 Wm. & Mary Bill Rts. J. 1 (2017)).