exaction


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Related to exaction: extortionate, oppressive exaction
See: assessment, assumption, blackmail, charge, claim, coercion, compulsion, cost, dun, duress, duty, effect, enforcement, excise, expense, extortion, force, forfeiture, levy, price, request, requirement, requisition, tax, toll, ultimatum

EXACTION, torts. A willful wrong done by an officer, or by one who, under color of his office, takes more fee or pay for his services than what the law allows. Between extortion and exaction there is this difference; that in the former case the officer extorts more than his due, when something is due to him; in the latter, he exacts what is not his due, when there is nothing due to him. Wishard; Co. Litt. 368.

References in periodicals archive ?
Again, that is an illegal exaction. We are writing today all the airlines to refrain from collecting travel tax from OFWs," Bello said.
Similarly, regarding the waiver of remonstrance, the court also concluded that LUBA erred in affirming the city's exaction. The proposer test is whether there is evidence to show a need for a local improvement district and whether the development will benefit by those improvements.
First, under a theory that the building of a mall or large center consumes the public good of traditional public spaces, government can impose an exaction of a physical portion of the new structure for free expression of ideas.
In a nutshell, the Supreme Court has said that in order for an 'exaction' to pass legal muster, it must have an 'essential nexus' to the purpose served by the regulation and be 'roughly proportional' to the land use concerns it is trying to address--stated differently, the Court has applied a fairly strict 'means-end' test to these kinds of government-imposed requirements.
Consequently the SHC ordered a stay to the exaction till March 6 and referred the case to trial court.
In a 5-4 decision, the Supreme Court held the district's request that Koontz consider paying for certain district improvements in his basin might have constituted a coercive exaction. The majority held that monetary exactions were subject to the "rough proportionality" and "essential nexus" tests established for other development exactions by Nollan v.
On the other hand, The Potsdam Proclamation also offered Japan the permission to "maintain such industries as to sustain her economy," and "exaction of just reparations in kind."
Instead, he reviewed the features of the Child Labor Tax that had prompted Chief Justice Taft and his colleagues to conclude that the measure imposed a regulatory penalty, and then offered several distinctions between the ACA and the earlier exaction. But a review of the reaction of child labor reformers to the 1922 decision suggests that contemporaries would not have regarded those distinctions as constitutionally significant.
In Washington state, this idea is codified in state law and further demands that it is up to the jurisdiction requesting such an exaction to demonstrate it is "reasonably necessary as a direct result of the development."
We continue to believe that the 10-cent bag 'charge' is a violation of Proposition 26, which mandates that 'any levy, charge or exaction of any kind imposed by a local government' must be approved by local voters.
The parts of Canpanton's method which are central to Dogopolsky's book are diyuk or "exaction," hidusb or "invention," and svara mibahutz or "external judgment: These are the tools of classic pilpul finely honed by Canpanton.
He also warned against what would happen to "Dignite," the only ship of the flotilla that managed to leave Greece, especially in light of Israeli exaction against last year's "Liberte 1" caravan.