What is the test for a government entity to obtain a public benefit that is conditional upon the waiver of a constitutional right?

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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