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Author Archives: David Frank and Tony Brown

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Supreme Court ruling hobbles government’s ability to impose demands on developers (access required)

Supreme Court ruling hobbles government’s ability to impose demands on developers <span class="dmcss_key_icon"><img alt="(access required)" src="/files/2013/10/lock1.png" border=0/></span>

Land use attorneys across the state are hailing a U.S. Supreme Court ruling that greatly reduces the amount of leverage municipalities can wield in granting developers permits. A 5-4 majority in Koontz v. St. Johns River Water Management District held that the U.S. Constitution’s takings clause not only applies to cases in which a project is approved with “extortionate” conditions, but also to those denied when a developer refuses to agree to the coercive demands of the government.

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