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COMMENTS OF CENTRAL NEBRASKA PUBLIC POWER AND <br />IRRIGATION DISTRICT <br />Nebraska to pay a disproportionate share among all others in <br />a multi -state drainage basin in order to satisfy a national <br />interest in enhancing conditions for endangered species <br />migrating through the area. As a matter of law, requiring a <br />disproportionate contribution to basin -wide programs would <br />constitute a "taking" of property without compensation in <br />violation of the Fifth Amendment. In the recently decided <br />Dolan v. City of Tigard, 61 the Supreme Court confirmed that <br />conditions imposed as part of a permit or license must be <br />"related both in nature and extent to the impact of the <br />development" in what the Court describes as a "rough <br />proportionality" test.b' In adopting this standard (called <br />7C the "reasonable relationship" test in many courts), the <br />w <br />Un Court quoted as an example of its "typical" application: <br />The distinction, therefore, which must be <br />made between an appropriate exercise of the police <br />power and an improper exercise of eminent domain <br />is whether the requirement has some reasonable <br />relationship or nexus to the use to which the <br />property is being made or is merely being used as <br />an excuse for taking property simply because at <br />that particular moment the landowner is asking the <br />city for some license or permit.63' <br />DOI has found it expedient to request a wildly <br />disproportionate share of regional enhancements from these <br />license applicants in this proceeding, simply because the <br />V 114 S. Ct. 2309 (1994). <br />Id,_ at 2319 -20. <br />0/ Z91. at 2319, (quoting Simpson v. North Platte, <br />292 N.W.2d 297, 301 (Neb. 1980)). <br />- 33 - <br />RESPONSES TO CENTRAL NEBRASKA PUBLIC POWER AND <br />IRRIGATION DISTRICT <br />