Follow Us


The State of Takings After Koontz

The State of Takings After Koontz

Important Note about the Thursday 7/25 Webcast on Koontz: this webcast is now substantially oversubscribed – the system capacity is 1,000 and we have over 1,300 registered.  Once 1,000 people have tuned in at the time of the webcast, others will be prevented from participating until someone leaves the webcast, even though they had previously registered.  This will frustrate those who are blocked, for which I apologize in advance.  There is currently no way for us to close registration, but we can hope that 400 people decide to go to the beach instead. Please remind your members that as with all webcasts, we will record this and subsequently post it to the Consortium’s YouTube channel.  I expect that we will have this webcast available for Distance Education CM Law credit this fall.

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.

CM Law Pending

Register here:


Thu, July 25, 2013
noon - 1:30 p.m.
(GMT-0500) US/Central