Do States or their agencies or subdivisions have the power to require the waiver of just compensation for land taken by special assessments, exactions or fees imposed as a condition of approval of a subdivision or other land use permit under the Fifth and Fourteenth Amendments to the USS. Constitution?

QUESTIONS PRESENTED FOR REVIEW Federal Issue I. Do States or their agencies or subdivisions have the power to require the waiver of just compensation for land taken by special assessments, exactions or fees imposed as a condition of approval of a subdivision or other land use permit under the Fifth and Fourteenth Amendments to the USS. Constitution? Federal Issue IJ. Must a State offer a “clear and certain remedy” for refund of the value of property and illegal exactions under the Fifth and Fourteenth Amendments to the U.S. Constitution for land taken without just compensation by such exactions or fees imposed under the guise of special assessments as a condition of a subdivision? “i