Quick Counsel - Regulatory Takings

OVERVIEW

Governmental agencies often take action during permit approvals processes or land use deliberations that restrict a landowner's property rights. When taken too far, these government exactions constitute a governmental taking.

In June 2013, the U.S. Supreme Court issued an opinion in the case of Koontz v. St. Johns River Water Management District that could have far reaching implications for the ability of local governments and agencies to obtain permit conditions requiring land dedication or restrictions or that require monetary payments in order to obtain a permit when they issue permits and approvals. This Quick Counsel discusses the concept behind regulatory takings relating to permit conditions, summarizes two key prior cases on regulatory takings and permit conditions and discusses how they were expanded by Koontz.