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a regulation that "goes too far" as an invalid <br />exercise of the police power, rather than as a <br />"taking" for which just compensation must be paid, <br />does not resolve the difficult problem of how to <br />define "too far," that is, how to distinguish the <br />point at which regulation becomes so onerous that <br />it has the same effect as an appropriation of the <br />property through eminent domain or physical <br />possession. As we have noted, resolution on that <br />question depends, in significant part, upon an <br />analysis of the effect the Commission's application <br />of the zoning ordinance and subdivision regulations <br />had on the value of respondent's property and <br />investment -backed profit expectations. <br />Also, in reviewing the constitutionality of a city's <br />land use ordinance or regulation the court will not look at <br />the wisdom of the legislation. "The applicable test <br />requires that the regulation be procedurally fair and <br />reasonably related to a proper legislative goal. The wisdom <br />of the legislation is not at issue in analyzing its <br />constitutionality." Nash v. City of Santa Monica, 37 Cal. <br />3d 97 (1984) .�-- <br />IV. NEXUS -BENEFIT ISSUE <br />The major legal issue involving dedication is not <br />can dedication or the payment of fees as a condition <br />precedent to development be required, but to what extent can <br />they be required and how much. As a general rule, the <br />courts will uniformly uphold the constitutionality of a <br />city's ordinances, regulations or imposition of conditions <br />requiring dedication or payment of a fee as a condition of <br />land use approval where the following conditions are met: <br />(1) the city is acting within its police power; (2) the <br />conditions have a reasonable relation to the public welfare; <br />and (3) the city does not act in an arbitrary or <br />unreasonable manner. The principal area of dispute is the <br />second test --- what constitutes a reasonable relation -- the <br />nexus or connection theory. <br />As a general rule, it can be stated that dedication <br />or payment of fees should have some reasonable relationship <br />to the needs created by the development. In Associated <br />Homebuilders, Inc. v. City of Walnut Creek, 4 Cal.- <br />638 (1?71) , tye—Cilifornia Supreme Court broke whatever <br />direct nexus theory for dedications in land use permit <br />approval existed in California. The court disavowed that a <br />dedication requirement may be upheld only if the particular <br />subdivision creates the need for dedication. The court <br />stated that in the absence of a more restrictive statute, <br />dedication can be required based on a general and broad <br />public welfare measure standard. <br />-8- <br />