News & Analysis as of

Nollan v California Coastal Commission

Williams Mullen

Dissecting the Proffer Reform Bill

by Williams Mullen on

Virginia Code § 15.2-2303.4, the Proffer Reform Bill, went into effect on July 1, 2016. The bill was an effort by the Virginia General Assembly to overhaul localities’ proffer programs. ...more

Miller Starr Regalia

Court Rejects Takings Challenge to City’s Imposition of $600,000 in Fees for 11-Unit Infill Project

by Miller Starr Regalia on

On September 23, 2016, the Court of Appeal for the Second Appellate District affirmed a trial court decision denying a petition for writ of mandate filed by a developer challenging various fees—totaling nearly $600,000—in...more

Miller Starr Regalia

The Mitigation Fee Act Provides the Sole Means for Challenging Development Impact Fees and Recovering Interest

by Miller Starr Regalia on

The Mitigation Fee Act (Government Code § 66000 et seq.) provides the requirements for development impact fee programs. Most of the Act’s provisions were adopted in 1987 as AB 1600 and are sometimes referred to as “AB 1600...more

Holland & Knight LLP

California Supreme Court Paves the Way for Ownership Inclusionary Housing - Many Developers Maintain That the Costs Associated...

by Holland & Knight LLP on

In a highly anticipated case affecting residential development throughout California, the California Supreme Court unanimously rejected the California Building Industry Association’s (CBIA) challenge to the City of San Jose’s...more

Nossaman LLP

2014 Eminent Domain Year in Review & 2015 Forecast

by Nossaman LLP on

At first it seemed 2014 had been a relatively slow year for eminent domain cases. But looking back, there was more activity than we initially recalled. There were few decisions that provided any dramatic shift in the...more

Miller Starr Regalia

The Limits of CEQA Mitigation – Recent Judicial Applications of Nollan and Dolan

by Miller Starr Regalia on

Perhaps foremost among the judicially recognized fundamental constraints on lead agencies’ power to impose various types of mitigation measures on project approvals in the CEQA process is the “doctrine of unconstitutional...more

Sheppard Mullin Richter & Hampton LLP

Bright Line Rule: Collateral Estoppel Precludes Attacks on Quasi-Judicial Permit Decisions (But Stay Tuned: Rehearing Granted on...

Simply stated: “[a] collateral attack is not a substitute for an appeal” reasoned the Second Appellate District Court in Bowman v. California Coastal Commission (2nd Dist., Div. 6, 03/18/2014, B243015) ___Cal.App.2nd___,...more

Bilzin Sumberg

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

by Bilzin Sumberg on

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

Nossaman LLP

Government Need Not Satisfy Nexus and Proportionality Tests if Dedication Requirement Does Not Otherwise Constitute a Taking

by Nossaman LLP on

Landowners routinely have to give up something in return for a government agency’s granting a discretionary permit. However, there are limits, as the government agency cannot typically demand conditions that are not...more

Allen Matkins

Requiring Landowners To Dedicate An "Overflight" Easement Is Not A Taking, Even When All An Owner Seeks Is A Minor Building Permit

by Allen Matkins on

The United States Supreme Court decisions in Nollan and Dolan provide landowners with a useful tool for seeking compensation when government agencies use their land use authority to exact valuable property rights and other...more

K&L Gates LLP

Koontz: The latest chapter in land use permitting and takings

by K&L Gates LLP on

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

Miller Starr Regalia

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

by Miller Starr Regalia on

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

Holland & Knight LLP

California Supreme Court to Review Inclusionary Housing Requirements

by Holland & Knight LLP on

On September 11, 2013, the California Supreme Court granted the California Building Industry Association's (CBIA) petition for review challenging a San Jose ordinance that imposed "inclusionary" housing obligations on housing...more

Nossaman LLP

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

by Nossaman LLP on

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

Ropes & Gray LLP

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

by Ropes & Gray LLP on

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

Snell & Wilmer

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

by Snell & Wilmer on

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

Bradley Arant Boult Cummings LLP

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

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

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

by 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...

by 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

by Ballard Spahr LLP on

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

Pillsbury Winthrop Shaw Pittman LLP

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

Latham & Watkins LLP

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

by Latham & Watkins LLP on

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

Holland & Knight LLP

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

by 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

White & Case LLP

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

by White & Case LLP on

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...more

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Updated: May 25, 2018:

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Privacy Officer
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10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Privacy Officer
JD Supra, LLC
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Sausalito, California 94965

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Updates to This Policy

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