Also known as: building permit · building permits · construction permit · development permit
Written by attorneys · grounded in primary & secondary sources — see below
An official governmental authorization allowing construction or development on land. When the government conditions a building permit or its functional equivalent on an owner’s conveyance of a property interest to the public, the condition constitutes a taking unless there is an essential nexus between the condition and a legitimate governmental interest.
Boulder Construction applies for a building permit to expand its warehouse. The city approves the permit only if Boulder grants the public a permanent easement across part of the site for a bike path. Boulder sues, arguing the condition takes property without compensation. The court examines whether an essential nexus exists between the easement demand and any impact from the warehouse expansion itself.
Boubacar Bah obtains a building permit to convert a warehouse into apartments. The city approves only if he conveys a public access easement across the rear of the parcel. He sues, arguing the condition lacks an essential nexus to any impact of the apartment conversion. The court determines whether the demanded easement mitigates a legitimate harm caused by the project.
Select any source to read its text and confirm it supports the definition.
A condition on a building permit or its functional equivalent effects a taking unless an essential nexus exists between the demanded conveyance and a legitimate governmental interest that would justify denying the permit outright.
The government must demonstrate that the condition directly mitigates an impact caused by the proposed development itself rather than serving some unrelated public goal.
No. The test governs any final discretionary approval that functions as the equivalent of a building permit when the government seeks to exact a property interest.