California, United States of America
The following excerpt is from San Diego Cnty. Water Auth. v. Metro. Water Dist. of S. Cal., 12 Cal.App.5th 1124, 220 Cal.Rptr.3d 346 (Cal. App. 2017):
Dolan v. City of Tigard (1994) 512 U.S. 374, 385, 114 S.Ct. 2309, 129 L.Ed.2d 304.) When receipt of a public benefit is conditioned upon the waiver of a constitutional right, the " government bears a heavy burden of demonstrating the practical necessity for the limitation. " ( Robbins v. Superior Court (1985) 38 Cal.3d 199, 213, 211 Cal.Rptr. 398, 695 P.2d 695.) "[H]owever well-informed and voluntary that waiver, the governmental entity seeking to impose those conditions must establish: (1) that the conditions reasonably relate to the purposes sought by the legislation which confers the benefit; (2) that the value accruing to the public from imposition of those conditions manifestly outweighs any resulting impairment of constitutional rights; and (3) that there are available no alternative means less subversive of constitutional right, narrowly drawn so as to correlate more closely with the purposes contemplated by conferring the benefit." ( Parrish v. Civil Service Com. (1967) 66 Cal.2d 260, 271, 57 Cal.Rptr. 623, 425 P.2d 223 ( Parrish ).)
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