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Viewing The Supreme Court's Exactions Cases Through The Prism Of Anti-Evasion, Michael B. Kent Jr.

University of Colorado Law Review

This Article considers the U.S. Supreme Court's 2013 decision in Koontz v. St. Johns River Water Management District, which extended the application of the Court's framework for evaluating the constitutionality of land use exactions (known as the Nollan/Dolan test). The majority of the Court relied heavily on the unconstitutional conditions doctrine, explaining that this doctrine formed the basis not only for the Nollan/Dolan framework but also for the extension of that framework to Koontz's new factual setting. Four members of the Court dissented. Although the dissenting justices seemingly agreed with several of the majority's propositions, they vigorously opposed the manner …