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4 <br /> III . Constitutional Limitations on Use of Exactions <br /> A . Exaction : A condition of development permission that a <br /> developer provide public facilities at the developer' s own expense . <br /> B . Exaction must not violate Fifth Amendment of U . S . Constitution , <br /> which provides that government " shall not take private property for <br /> public use except upon payment of just compensation . " <br /> CO If an exaction is not to be an unconstitutional regulatory taking , it <br /> must : <br /> 1 . Be sufficiently related to the impact of the development on <br /> the need for the public facility . ( North Carolina state courts <br /> require a " rational nexus . " ) <br /> 2 . The exaction must be " roughly proportional " to the <br /> development ' s impact . ( Dolan v . City of Tigard , 512 U . S . 374 <br /> ( 1994 ) ) <br /> 3 . Although " no precise mathematical calculation is required , " <br /> government must make an " individualized determination " <br /> that an appropriate connection exists . ( Dolan) <br /> 4 . Burden of showing that sufficient connection exists is on <br /> government . ( Dolan) <br />