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Articles 1 - 2 of 2
Full-Text Articles in Land Use Law
Koontz V. St. Johns River Water Management District, Ross Keogh
Koontz V. St. Johns River Water Management District, Ross Keogh
Public Land & Resources Law Review
Koontz extends the application of Nollan and Dolan, which require exactions of real property for land-use permits to share a “nexus” and be “roughly proportional” to the regulation to be constitutional. A divided United States Supreme Court held that “monetary exactions,” potentially including building permit fees or impact fees, must satisfy the Nollan and Dolan requirements even if the government denies the permit.[1] The Court did not reach the merits of the petitioner’s appeal.
[1](Kagan, Ginsburg, Breyer, and Sotomayor, JJ., dissenting).
Agins V. City Of Tiburon: Open Space Zoning Prevails - Failure To Submit Master Plan Prevents A Cognizable Decrease In Property Value, Jermaine Chastain
Agins V. City Of Tiburon: Open Space Zoning Prevails - Failure To Submit Master Plan Prevents A Cognizable Decrease In Property Value, Jermaine Chastain
Pepperdine Law Review
This casenote examines the Supreme Court's struggle to reconcile its focus on the facial validity of a zoning ordinance with the traditional "taking" approach requiring diligent factual inquiry. While the Agins Court reiterates such an approach, the author notes the Court's departure from important constitutional and precedential considerations. The author offers a possible explanation for the departure, concluding that the Agins decision apparently makes plan submission a prerequisite for acknowledging economic loss and strongly implies a requirement of complete loss of all property value before a compensable taking will be recognized.