US Supreme Court expands protections for permit applicants under the Takings Clause
On 25 June 2013, the US Supreme Court, in a 5–4 decision in Koontz v St Johns River Water Management District, extended the ‘nexus’ and ‘rough proportionality’ standards of its landmark Nollan and Dolan decisions. Those standards now apply to conditional permit denials by government agencies and to ‘monetary exactions’ imposed as conditions of permit approvals.
The seminal cases of Nollan v California Coastal Comm’n and Dolan v City of Tigard prohibit the government from conditioning approval of a land use permit on the applicant/owner’s relinquishment of a portion of his or her property unless there is an ‘essential nexus’ and ‘rough proportionality’ between the agency demand and the effects of the proposed land use.
Both decisions stemmed from a permitting authority using its substantial power and discretion to overreach in demanding concessions that were not adequately tied to project effects, but rather served the agency’s broader public objectives. The court held that these agency decisions diminished the applicant’s property value without justification, thereby violating the Takings Clause, which protects land use permit applicants from an unfair allocation of public burdens…
If you are registered and logged in to the site, click on the link below to read the rest of the Pillsbury briefing. If not, please register or sign in with your details below.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.