News & Analysis as of

Permits Takings Clause Supreme Court of the United States

Perkins Coie

Supreme Court Rules Legislative Permit Conditions Not Exempt From Nollan/Dolan Scrutiny

Perkins Coie on

In a dispute over a traffic impact fee imposed on a residential building permit by El Dorado County, the U.S. Supreme Court unanimously rejected the long-standing position of California and other state courts that the Takings...more

Venable LLP

Supreme Court Considers Whether to Expand Constitutional Takings to Legislative Development Fees

Venable LLP on

When George Sheetz planned to build an 1800-square-foot manufactured home on his California property, he could hardly have thought his routine permit request would end up at the U.S. Supreme Court. But when the County of El...more

Williams Mullen

Environmental Notes - March 2016

Williams Mullen on

U.S. Supreme Court to Decide Whether Jurisdictional Determinations May be Appealed - The U.S. Army Corps of Engineers determines the presence or absence of wetlands and other “waters of the United States” on a...more

Nossaman LLP

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

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

Miller Starr Regalia

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

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

Miller Starr Regalia

Legal Update: What The Crystal Ball Says About Koontz

Miller Starr Regalia on

As you may have heard, on June 25, 2013, the U.S. Supreme Court released its decision in Koontz v. St. John’s River Water Management District 570 U.S. ___, 133 S.Ct. 2586 (2013). Koontz has been hailed by property rights...more

Burr & Forman

Supreme Court Rules On Permits

Burr & Forman on

The recent Supreme Court case Koontz vs. St. Johns River has generated a lot of commentary and debate in the legal community and speculation concerning the ramifications of the case on various land use permitting scenarios. ...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...

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

Allen Matkins

The Koontz Decision: Limits Conditions a Government can Impose on Developers

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...

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

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

Holland & Knight LLP

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

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

Pierce Atwood LLP

The 2013 U.S. Supreme Court Takings Trilogy

Pierce Atwood LLP on

It’s the last week of the U.S. Supreme Court’s term, so the big 5-4 decisions are out. Tuesday the big decision was Koontz v. St. Johns River, a takings case. This completes the trilogy of takings cases in front of the...more

Saul Ewing Arnstein & Lehr LLP

Supreme Court decision will impact land-development projects nationwide

In a decision that will impact land-development projects nationwide, the U.S. Supreme Court held this week that the government may not condition a land-use permit on mitigation requirements that do not have an essential...more

Allen Matkins

US Supreme Court Limits Governmental Power to Impose Conditions on New Development

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

Perkins Coie

U.S. Supreme Court Rules For Property Owner In Important Takings Case

Perkins Coie on

In a 5-4 decision, the U. S. Supreme Court expanded the reach of the requirement that there be a “nexus” and “rough proportionality” between the impacts of a proposed development and governmental conditions imposed on the...more

Best Best & Krieger LLP

Denying Land-Use Approval if a Land Owner Will Not Pay for Mitigation Efforts Triggers Heightened Constitutional Scrutiny - U.S....

If a governmental authority denies approval of a land-use permit because an applicant refuses to spend money on a government project, such as a mitigation project, the government must defend its denial under heightened...more

Foley Hoag LLP - Environmental Law

The Problem with the Supreme Court’s Regulatory Takings Jurisprudence? It Doesn’t Require a Taking

The Supreme Court ruled today, in Koontz v. St. Johns River Water Management District, that a property owner who is denied a land use permit on the ground that he refused to pay money to compensate for the harm to be caused...more

Manatt, Phelps & Phillips, LLP

Supreme Court Limits Conditions

The U.S. Supreme Court has issued its opinion in Koontz v. St. Johns River Water Management Agency. The case involved the extent of local government's ability to place conditions on the issuance of land use permits. Although...more

Nossaman LLP

Land Owners Complete a Clean Sweep at the U.S. Supreme Court

Nossaman LLP on

In our niche practice of eminent domain, inverse condemnation, and regulatory takings, the blogosphere world is going bonkers. Why? Because the United State Supreme Court just issued its decision in Koontz v. St. Johns...more

Nossaman LLP

Supreme Court Hears Argument on Takings Case: Koontz v. St. John's River Water Management District

Nossaman LLP on

As we previewed in our recent "year in review" piece, the U.S. Supreme Court has some takings issues before it this term. One case, Koontz v. St. John's River Water Management District, took center stage yesterday. ...more

22 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide