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1 2ENGROSSED SENATE AMENDMENT TO ENGROSSED HOUSE BILL NO. 2241By: Nelson and Nolan of the House3 4and5Griffin of the Senate6 7 8An Act relating to children and juvenile code; amending 10A O.S. 2011,
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The term 'by Nelson and Nollan' refers to a legal framework established by two U.S. Supreme Court cases, 'Nollan v. California Coastal Commission' and 'Dolan v. City of Tigard', which address the requirement for an 'essential nexus' and 'rough proportionality' between property development permits and the public benefits required by local governments.
Those requiring development permits from local governments that impose conditions on the granting of those permits may be subject to the standards set forth by Nelson and Nollan.
Filling out the procedural requirements involves demonstrating that the local government's permit conditions directly relate to the impact of the proposed development and are proportional to that impact, typically requiring legal documentation and justification.
The purpose of by Nelson and Nollan is to protect property owners from unfair conditions imposed by local governments on development permits, ensuring that there is a justification for any requirements linked to the development's impact.
Information required typically includes details about the proposed development, the intended public benefits, evidence of the nexus between the development's impact and the conditions imposed, and any financial assessments related to those conditions.
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