Supreme Court Renders Third Ruling in its Property Rights Trilogy: Koontz v. St. Johns River Water Management District


The Supreme Court of the United States today in a 5-4 decision written by Justice Alito reversed the Florida Supreme Court in Koontz v. St. Johns River Water Management District, holding that the Government cannot condition the issuance of a land-use permit on the owner’s giving up a portion of his property unless there is a “nexus” and “rough proportionality” between the Government’s demand and the proposed land use.

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Topics:  Dolan v City of Tigard, Fifth Amendment, Koontz v St John's River Water Management, Nexus, Nollan v California Coastal Commission, Permits, Private Property Rights, Rough Proportionality Test, SCOTUS, Takings, Wetlands

Published In: Constitutional Law Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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Nancie G. Marzulla
Marzulla Law, LLC

I am a takings lawyer--with a practice focused on litigating takings claims in the U.S. Court of... View Profile »

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