Koontz v. St. Johns River Water Management District No. 11-1447, 570 U.S. __ (2013) | White & Case LLP International Law Firm, Global Law Practice
Koontz v. St. Johns River Water Management District No. 11-1447, 570 U.S. __ (2013)

Koontz v. St. Johns River Water Management District No. 11-1447, 570 U.S. __ (2013)

On June 25, 2013, the US Supreme Court issued a decision clarifying the limitations the constitution places on the power of governments to exact concessions from property owners when issuing development permits. It confirmed that its prior holdings in Nollan v. California Coastal Comm'n[1] and Dolan v. City of Tigard[2], which held that a government entity may not condition the approval of a land use permit on the owner's relinquishment of a portion of his property unless there is a "nexus" and "rough proportionality" between the government's demand and the effects of the proposed land use, also apply (i) where the government denies the permit and (ii) even when the government gives the property owner the option of making a monetary payment in lieu of the relinquishment of property. Koontz v. St. Johns River Management District, 570 U.S. __ (2013), No. 11-1447, 2013 WL _____ (US January 15, 2013). A significant win for property owners, the Court's decision will require permitting authorities to be more measured in the restrictions they impose, including financial exactions, if their development permits—and decisions to deny development permits—are to survive constitutional scrutiny.

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[1] 482 US 825 (1987)
[2] 512 US 374 (1994)

 

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