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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).