A Room with Our View

Option C:   No, although conditions are presumed valid, they must be substantially related and roughly proportional to the public interest being advanced.  See Dolan v. City of Tigard, 512 U.S. 374 (1994).  Here the easement across the beach bears no relation to the interest advanced by Mayor Henchard that neighbors and visitors enjoy a clear view of the ocean from the street.  The city may still impose the condition but it will constitute a taking and the city will have to pay Tess for her property right.

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