Koontz — A Guide To Constitutional Land Use Permitting

Law360, New York (September 5, 2013, 12:28 PM EDT) -- The U.S. Supreme Court’s opinion issued on June 25, 2013, in Koontz v. St. Johns River Water Management District (1) confirms the breadth of the unconstitutional-conditions doctrine in protecting the U.S. Constitution’s Fifth Amendment right to just compensation and (2) provides direction to local governmental units for their land use permitting activities.


In 1972, Coy Koontz Sr. purchased 14.9 acres of undeveloped Florida wetlands. That year, Florida enacted its Water Resources Act, which divided Florida into five water management districts.

The Water Resources Act required,...
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