On June 25th, the U.S. Supreme Court issued an important Takings Clause decision with far-reaching implications for real estate developers and others who rely on federal or state permits. In Koontz v. St. Johns River Water Management District, the Court extended the doctrine of “unconstitutional conditions” established in the Court’s Nollan and Dolan cases. By declaring that the Takings Clause in the U.S. Constitution requires permitting authorities nationwide to adhere to the “logical nexus” and “rough proportionality” requirements of Nollan and Dolan — regardless of whether a permit is ultimately granted or denied — Koontz promises to help level the playing field for property owners in a wide variety of permitting contexts by limiting the ability of government agencies to impose “extortionate” permit conditions.
A more in depth discussion of the Koontz decision and its implications will be offered in a webinar on July 17th at 2 p.m. EDT. Speakers will include Greenberg Traurig shareholders Jerry Stouck and Kerri Barsh as well as Paul Beard of the Pacific Legal Foundation, who argued for Mr. Koontz before the U.S. Supreme Court. For more information about the webinar and to register, click here.
The GT Alert — Supreme Court Decision Limits Ability of Government Agencies to Impose ‘Extortionate’ Permit Conditions on Landowners was prepared by Jerry Stouck and Kerri Barsh.
To view the GT Alert as a PDF, please click here.