Amy Brigham Boulris, a shareholder in Gunster’s Miami office and member of the Pacific Legal Foundation‘s board of trustees, wrote a commentary about the recent U.S. Supreme Court decision in Koontz vs. St. Johns River Water Management District. Her commentary was published in the Daily Business Review on July 15.
Boulris indicates the ruling reflects a trend by the court toward protecting private property rights. Other recent Supreme Court rulings signaling this trend include Sackett vs. EPA, Lozman vs. City of Riviera Beach, Florida, and Arkansas Game & Fish Commission vs. U.S.
At issue in Koontz was whether the Water Management District could require Koontz pay for improvements to District-owned land located miles away from the proposed development in exchange for a permit.
In the 1980s and 1990s, the Supreme Court had found that permit “exactions” that were unrelated or disproportionate to the impact of the proposed land use ran afoul of the Fifth Amendment.
Read her entire commentary (subscription required): Substance prevails over form in property rights case (Daily Business Review, 7/15/13)
Related:
- Supreme Court to hear Florida property rights case: Can government agencies require off-site improvements in exchange for permits? (BoardroomBrief.com, 11/7/12)
- Historic Supreme Court ruling allows Idaho couple to take EPA to court (Gunster newsletters & alerts, 3/22/12)
