Koontz v St John's River Water Management

News & Analysis as of

U.S. Supreme Court Decision On Land-Use Exactions Impacts Developers, Government

If you have ever filed a zoning application and been subjected at the public hearing to a version of the game show “Let’s Make a Deal,” you may find of interest a June 2013 decision by the U.S. Supreme Court that addresses...more

2014 Land Use Program - Northern California

In this presentation: - Legislative CEQA Reform Efforts - Selected CEQA Case Law Developments - Land Use Developments - What’s Happening in Tracy? - Overview and Purpose - Site...more

Koontz: The latest chapter in land use permitting and takings

In a landmark environmental case, the United States Supreme Court expanded the scope of potential governmental liability for takings. In Koontz v. St. Johns River Water Mgmt. Dist, 133 S. Ct. 2586 (2013), the Court held that...more

Will Koontz Mean Big Changes or Business as Usual for Real Estate Development in California

On June 25, 2013, the U.S. Supreme Court release its decision in Koontz v. St. John's River Water Managment District. Koontz has been called the most significant takings case since Kelo v. City of New London and has been...more

California Supreme Court Set to Hear First Post-Koontz Takings Case

As reported by our colleague Robert Thomas on inversecondemnation.com, the California Supreme Court granted the California Building Industry Association's (CBIA) petition for review in California Building Industry Association...more

Koontz Expands Paths for Developers to Challenge Permitting Decisions

A recent 5-to-4 U.S. Supreme Court decision in Koontz v. St. Johns River Water Management District, 133 S.Ct. 2586 (2013), broadens property owners’ rights to challenge land use decisions on the grounds of inverse...more

Supreme Court's Ruling in Koontz Extends Concept of Unconstitutional Takings to Monetary Exactions

Introduction - At first glance, the Supreme Court’s recent decision in Coy A. Koontz, Jr. v. St. Johns River Water Management District, 570 U.S. ___ (2013), improves the ability of real estate developers to obtain...more

U.S. Supreme Court Roundup - National Conference of State Legislatures Legislative Summit – August 2013

The U.S. Supreme Court's recent term included decisions in several cases with implications on states and states' rights. This presentation included the court's review and opinions handed down for the following cases. -...more

Legal Update: What The Crystal Ball Says About Koontz

As you may have heard, on June 25, 2013, the U.S. Supreme Court released its decision in Koontz v. St. John’s River Water Management District 570 U.S. ___, 133 S.Ct. 2586 (2013). Koontz has been hailed by property rights...more

Supreme Court Rules On Permits

The recent Supreme Court case Koontz vs. St. Johns River has generated a lot of commentary and debate in the legal community and speculation concerning the ramifications of the case on various land use permitting scenarios. ...more

The U.S. Supreme Court’s Latest Attempt to Differentiate a Fair Quid Pro Quo in the Developer’s Permitting Process From an...

The U.S. Supreme Court has issued an important decision in an attempt to add clarity and help government land use planners understand the difference between reasonable requests and unreasonable demands rising to the level of...more

Supreme Court Affords Landowners Protection From “The Dangers of Governmental Coercion” In Land-Use Permitting Decision

Last month, the Supreme Court completed its trifecta of Fifth Amendment land-use permitting decisions by issuing its opinion in Koontz v. St. Johns River Water Mgmt. Dist., a decision resting firmly on the backs of the...more

Recent U.S. Supreme Court Decisions Impacting Environmental and Regulatory Law

The recent term of the United States Supreme Court featured several rulings on environmental and other regulatory issues. This update highlights the major environmental decisions this term, as well as some of the issues the...more

Zoning & Land Use -- July 2013: Supreme Court Strives to Protect Zoning Applicants from Unreasonable Government Demands

Recently the Supreme Court issued a decision that will have a material impact on applicants seeking zoning and land use related permits. In Koontz v. St. Johns River Water Mgmt Dist., 2013 WL 3184628, No. 11-1447 (U.S. June...more

U.S. Supreme Court: Federal Nexus And Proportionality Analysis Applies To Land Use Permitting Fees And To Both Denial And Granting...

A Florida landowner seeking a permit to develop part of a wetlands property offered a conservation easement on the undeveloped portion of the parcel to the local water management district. The district indicated it would not...more

Supreme Court Rules In Favor Of Landowner Seeking To Develop Property

On June 25, 2013, the United States Supreme Court in Koontz v. St. Johns River Water Management District rendered a decision that protects the rights of property owners when seeking construction permits to develop their...more

The Supreme Court Gets It Right On Takings - And Wrong - A View from "Inside the Curtilage": The Property Owner's Perspective

In Koontz v. St. Johns River Water Management District, the Supreme Court cleared up two important, nagging issues with wide applicability and importance to property owners across the country. First, the 5-member majority,...more

The Koontz Decision: Limits Conditions a Government can Impose on Developers  [Video]

The extent to which governmental authorities may condition land use permits on exactions and concessions from land use permit applicants has received extraordinary attention from the United States Supreme Court in recent...more

Court of Appeal Upholds San Jose Inclusionary Housing Ordinance as Legitimate Exercise of Local Police Power

In a recent decision, California's Sixth District Court of Appeal reversed a trial court order and upheld the City of San Jose's Inclusionary Housing Ordinance as a legitimate exercise of the local police power. California...more

US Supreme Court Protects Landowners from "Extortionate" Demands by the Government in Land-Use Permitting Decisions, Including...

In a 5-4 decision authored by Justice Alito, and joined by Chief Justice Roberts and Justices Scalia, Thomas and Kennedy, the US Supreme Court in Koontz v. St. Johns River Water Management District broadened the protections...more

Supreme Court Ruling May Lead to More Landowner Challenges of Land Use Regulations, Fees

The U.S. Supreme Court recently issued a ruling in a long-running land use case holding that “extortionate demands” by the local government entity constituted illegal interference with a property owner/developer’s right to...more

Extort Me Not: Supreme Court Expands Protections for Permit Applicants Under the Takings Clause

The high court’s decision in Koontz v. St. John’s River Water Management District extends the landmark decisions in Nollan and Dolan, which set standards on when an agency can condition a land use permit on the relinquishment...more

U.S. Supreme Court Expands Property Rights Protections in Koontz

The U.S. Supreme Court’s decision last week in Koontz v. St. Johns River Water Management District expands the holdings of Nollan v. California Coastal Comm’n, 483 U.S. 825 (1987) and Dolan v. City of Tigard, 512 U.S. 374...more

Court Rules Government Cannot Make "Extortionate Demands" on Persons Seeking Land-Use Permits

In a landmark decision for land use and development, the United States Supreme Court has ruled under the Fifth Amendment of the U.S. Constitution that regulatory agencies cannot make “extortionate demands” on land-use permit...more

U.S. Supreme Court Limits Monetary Exactions

In a victory for property owners and developers nationwide, the U.S. Supreme Court has just eliminated two main methods used by local governments to evade the Court’s landmark property rights decisions of Nollan v. California...more

42 Results
|
View per page
Page: of 2