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- Title
CONFUSING REGULATORY TAKINGS WITH REGULATORY EXACTIONS: THE SUPREME COURT GETS LOST IN THE SWAMP OF KOONTZ.
- Authors
PIEDRA, ISRAEL
- Abstract
In 2013, the Supreme Court concluded that monetary exactions must be considered with the same judicial scrutiny as land exactions. Land exactions are required contributions from an individual to a government entity in exchange for approval to develop real property. Land exactions proposed by regulatory bodies must be roughly proportional and bear a nexus to the development permit requested, otherwise the exaction constitutes a taking in violation of the Fifth Amendment. In Koontz v. St. Johns River Management District, the Supreme Court extended the nexus/rough proportionality test to instances in which gov-ernment bodies impose monetary conditions on land development. This Com-ment argues that it was unwise for the Court to apply this strict test to monetary exactions. The Court's holding might create a chilling effect on land use permit-ting by incentivizing officials to deny development applications to avoid legal risk, rather than attempt to impose appropriate mitigation conditions.
- Subjects
KOONTZ v. St. Johns River Water Management District; UNITED States. Supreme Court; IMPACT fees; UNITED States. Constitution. 5th Amendment; PUBLIC use; JUST compensation (Eminent domain)
- Publication
Boston College Environmental Affairs Law Review, 2014, Vol 41, Issue 2, p555
- ISSN
0190-7034
- Publication type
Article