Document Type

Article

Publication Date

12-4-2017

Keywords

Privately owned public open spaces, Exactions

Organizational Units

Sturm College of Law

Abstract

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), https://property.jotwell.com/equalizing-exactions/ (reviewing Gregory M. Stein, Reverse Exactions, 26 Wm. & Mary Bill Rts. J. 1 (2017)).



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