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Koontz Dramatically Alters Land Use Regulatory Landscape

Law360, New York (July 11, 2013, 11:28 AM EDT) -- Recently, amid a flurry of landmark decisions concerning affirmative action, the Voting Rights Act, DOMA and Prop 8, the U.S. Supreme Court issued a decision that received significantly less fanfare but may drastically affect a wide range of land-use regulations. In a 5-4 decision, the court held in Koontz v. St. Johns River Water Management District that the government can be held liable for an improper taking when it denies a land-use permit on the basis that the applicant did not accede to a condition to dedicate money, services, labor, or any other type of personal property to a public use....

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