The State of Takings After Koontz (CM Law | 1.5)

Last month, the US Supreme Court handed down its decision in Koontz v. St. Johns River Water Management District. In this complex 5-4 decision, the court ruled that monetary conditions attached to land use permits are now subject to the heightened scrutiny tests of nexus and rough proportionality found in Nollan and Dolan – and that these tests also apply to permit denials, as was the case here. What does this important decision mean to planners? Depending on your point of view, this ruling could be seen to “threaten the heartland of local land use regulation” (Justice Kagan’s dissent) or it could be viewed as a minor shift in law and practice. Because of the complexity and ambiguity of the court’s ruling, it’s not perfectly clear. To help you understand what Koontz means, join with two of the country’s leading experts in land use law: Professor John Echeverria of Vermont Law School and Dwight Merriam, Esq., FAICP of Robinson & Cole LLP.

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