Koontz — A Win For Real Estate Developers

Law360, New York (June 25, 2013, 5:10 PM EDT) -- Can land-use regulators exact cash from developers to pay for offsite environmental mitigation as a precondition to issuing building permits without triggering the just-compensation requirement of the Takings Clause? Today, the U.S. Supreme Court answered this question in Koontz v. St. Johns River Water Management District, Case No. 11-1447.

In a 5-4 decision, the court held that the government’s demand for property, including cash from developers as a precondition for land use permits, must bear an essential nexus and a rough proportionality with the prospective burden...
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