Regulatory Alerts2026-02-09
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Koontz v. St Johns River Water Management District
The Supreme Court held that the Nollan/Dolan nexus and rough proportionality requirements apply to land-use permit conditions even when the government denies the permit rather than approving it with conditions. The Court further ruled that these constitutional protections extend to monetary exactions and offsite improvement demands, not just demands for real property interests. This decision reversed the Florida Supreme Court, preventing local agencies from evading Fifth Amendment takings clause scrutiny by structuring permit denials or demanding money instead of land.
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