Written by attorneys · grounded in primary & secondary sources — see below
A relationship or link between a person or activity and a jurisdiction, interest, or governmental objective that is adequate to trigger constitutional protections or to sustain regulatory conditions.
Sources & Authorities
How it applies
Common Examples
6
Permit Condition Disproportionate to Impact
Summit Bank sought a permit to expand its branch. The city required dedication of a strip for a public greenway. The bank showed that the expansion would generate only modest additional traffic. Because the dedication lacked rough proportionality to that limited impact, the condition could not stand.
Easement Demand Lacks Essential Nexus
Sierra Solutions applied for a beachfront development permit. The county conditioned approval on an easement allowing public access across the property. The easement did not mitigate any specific harm caused by the project, so the condition failed.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
Uniform Acts
Casebooks
Spectrum Financial sought a rezoning to build offices. The city refused the permit unless the firm paid a large sum for off-site traffic improvements. The payment demand lacked the required connection to the project's actual effects, rendering the denial a taking.
Alien Lacks Community Ties
Samuel Soto, a Mexican citizen, owned a home in Mexico searched by U.S. agents. He had never lived in or visited the United States. Because he lacked sufficient connection to the national community, he could not invoke Fourth Amendment protections.
United States v. Verdugo-Urquidez494 U.S. 259 (1990)
Punitive Award Requires Conduct Link
Synergy Systems faced a large punitive damages award in a bad-faith insurance case. The award rested partly on the insurer's nationwide practices unrelated to the plaintiff's claim. The court required a sufficient connection between the out-of-state conduct and the harm before allowing the full amount.
State Farm Mutual Automobile Insurance Co. v. Campbell538 U.S. 408, 123 S.Ct. 1513, 155 L.Ed.2d 585 (2003)
Employment Relationship Determines Coverage
Sebastian Santos worked selling newspapers. The publisher treated him as an independent contractor. The Board examined whether the economic realities created a sufficient connection of control and dependence to classify him as an employee under the labor statute.
NLRB v. Hearst Publications, Inc.322 U.S. 111, 124 (1944)
Common questions
Frequently Asked
4
What degree of connection must a non-citizen show to claim Fourth Amendment rights?+
A non-citizen must demonstrate that he or she is part of the national community or has otherwise developed sufficient connection with the country to be considered part of that community. Mere presence during a criminal investigation or prosecution does not automatically create that link.
How does the sufficient-connection requirement interact with the essential-nexus test in exactions cases?+
The government must show an essential nexus between the permit condition and a legitimate interest that would justify denying the permit outright. The condition must also be roughly proportional to the projected impact of the development.
Does a monetary exaction receive the same scrutiny as a land dedication?+
Yes. The Nollan/Dolan standards apply to demands for money as well as dedications of real property. Refusal to issue a permit because the applicant rejects an unsupported monetary condition constitutes a taking.
What burden does the government bear when imposing an exaction?+
The government must demonstrate that the exaction is roughly proportional in nature and extent to the projected impact of the proposed development.
433 U.S. 186 (1977)Conflict of Laws
…the Court in Hanson determined that the defendant over which personal jurisdiction was claimed had not committed any acts sufficiently connected to the State to justify jurisdiction under the International Shoe standard. [^maj-21]: Cf. Restatement (Second) of Conflict of Laws § 59, Comment a (possible inconsistency between…