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Fifth Amendment › Wetlands

Pierce Atwood LLP

No Right to Jury Trial for Regulatory Taking Claim: Pierce Atwood Partner Michelle O’Brien Successfully Argues Before...

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Resolving an issue not previously decided by Massachusetts appellate courts, the Massachusetts Appeals Court ruled that a landowner is not entitled to a jury trial on a regulatory taking claim....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Soil Excavation/Borrow Material: Federal Appellate Court Addresses Challenge to U.S. Corps of Engineers Mitigation Requirements

Mitchell, Williams, Selig, Gates & Woodyard,... on

The United States Court of Appeals for the Fifth Circuit (“5th Circuit”) addressed in a July 11th opinion a challenge to mitigation requirements imposed by the United States Corps of Engineers (“Corps”) as a condition for...more

Bilzin Sumberg

The Koontz Decision; Back to Florida

Bilzin Sumberg on

In the recent landmark decision of the United States Supreme Court in Koontz v. St. Johns Water Mgmt. Dist., 133 S. Ct. 2586 (2013), the Court majority held that exactions sought by local governments, which are not rationally...more

Bradley Arant Boult Cummings LLP

Supreme Court Rules In Favor Of Landowner Seeking To Develop Property

Bradley Arant Boult Cummings LLP on

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

Sheppard Mullin Richter & Hampton LLP

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

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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

Allen Matkins

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

Allen Matkins on

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

Katten Muchin Rosenman LLP

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

Katten Muchin Rosenman LLP on

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

Ballard Spahr LLP

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

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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

Holland & Knight LLP

A Victory for Property Rights: U.S. Supreme Court Rules for Developers Seeking Permit Approvals

Holland & Knight LLP on

On June 25, 2013, the U.S. Supreme Court handed down arguably one of the most influential Takings Clause decisions since the Kelo v. City of New London1 ruling in 2005. In a 5-4 decision in Koontz v. St. Johns River Water...more

Saul Ewing Arnstein & Lehr LLP

Supreme Court decision will impact land-development projects nationwide

Saul Ewing Arnstein & Lehr LLP on

In a decision that will impact land-development projects nationwide, the U.S. Supreme Court held this week that the government may not condition a land-use permit on mitigation requirements that do not have an essential...more

Allen Matkins

US Supreme Court Limits Governmental Power to Impose Conditions on New Development

Allen Matkins on

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

Perkins Coie

U.S. Supreme Court Rules For Property Owner In Important Takings Case

Perkins Coie on

In a 5-4 decision, the U. S. Supreme Court expanded the reach of the requirement that there be a “nexus” and “rough proportionality” between the impacts of a proposed development and governmental conditions imposed on the...more

Best Best & Krieger LLP

Denying Land-Use Approval if a Land Owner Will Not Pay for Mitigation Efforts Triggers Heightened Constitutional Scrutiny - U.S....

Best Best & Krieger LLP on

If a governmental authority denies approval of a land-use permit because an applicant refuses to spend money on a government project, such as a mitigation project, the government must defend its denial under heightened...more

Manatt, Phelps & Phillips, LLP

Supreme Court Limits Conditions

Manatt, Phelps & Phillips, LLP on

The U.S. Supreme Court has issued its opinion in Koontz v. St. Johns River Water Management Agency. The case involved the extent of local government's ability to place conditions on the issuance of land use permits. Although...more

Nossaman LLP

Land Owners Complete a Clean Sweep at the U.S. Supreme Court

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In our niche practice of eminent domain, inverse condemnation, and regulatory takings, the blogosphere world is going bonkers. Why? Because the United State Supreme Court just issued its decision in Koontz v. St. Johns...more

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