United States Supreme Court Issues Important Land Use Decision Affecting Monetary Permit Conditions

On June 25, 2013, the United States Supreme Court decided Koontz v. St. Johns River Water Management District, No. 11-1447, an important land use decision that may give developers and private property owners a stronger position in the negotiation of permit conditions. Koontz now requires state and local governments to demonstrate that a special permit condition requiring a monetary payment have a clear relationship to or “nexus” with the proposed development and that the amount of the payment be in rough proportion to the effects of the proposed development.   Read More……

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