If You Occasionally Preside Over Eminent Domain Cases This Should Interest You

In Koontz v. St. Johns River Water Management District, the Supreme Court ruled, in a five-to-four decision by Justice Alito, that when a government – any government – engages in land-use regulation, including by denying a permit or demanding payment as a condition for a permit, the government must show that there is a nexus and rough proportionality between its demand on the landowner and the effects of the proposed land use. The case broadens property owners’ rights to bring constitutional challenges to land-use decisions, and is likely to result in increased litigation.

 

Leave a comment