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that gives rise to the exaction and the public activity to which it is applies," must be "founded on <br /> [an] actual, albeit indirect and general, impac*."z9 <br /> Notably, the only part of the Nollan test that was not applied in San Remo or Holmdel <br /> Bulders Association, is the shifting of the burden of proof to the government. That fact that the <br /> burden of proof shifts to the government was not clear in Nollan; however, the Court clarified <br /> this fact in Dolan, because there, the Court cited to Nollan when it said that "the burden properly <br /> rests on the city." 30 What is important, however, is that all jurisdictions at least require some <br /> form of nexus between the harm caused by the development and the interest which the exaction <br /> purportedly serves. Thus, even under the California or New Jersey approach, Nollan's <br /> requirement that the "same" interest be served by the exaction,31 still applies, albeit in different <br /> terms. <br /> The second and more difficult issue in a takings analysis of a linkage fee is whether the <br /> Court's "rough proportionality" test in Dolan applies.32 That test, in addition to requiring an <br /> "individualized determination" of "rough proportionality," 33 also shifts the burden of proof to the <br /> ze /d. <br /> 3u Dolan, 512 U.S. 391 n.8 (citing Nollan, 483 U.S. at 836). <br /> Nollan, 483 U.S. at 836. <br /> 'Z Dolan, 5I2 U.S. at 391. There is a split of authority on whether Dolan applies to linkage fee, see I <br /> Land Use Law § 9.23 ("Post-Dolan a court must also decide whether a linkage fee is a legislative fee subject to the <br /> <br /> rational basis test, or an adjudicative fee that requires an individualized determination and must satisfy the <br /> <br /> heightened judicial scrutiny requited by Dolan."). <br /> "Dolan, 512 U.S. at391. <br /> 9 <br /> <br />