Perspective
Aug. 14, 2014
Did Koontz stop illegal development exactions?
The entitlement process as practiced in the halls of local government since the real estate development industry's nascent recovery can be summed up as: "You're profitable again, and we want a bigger cut!" By John P. Erskine
By John P. Erskine
Much was written by law school professors and property rights groups following the U.S. Supreme Court's 5-4 decision in Koontz v. St. John's River Water Management District (2013), which found that land-use permit requirements may constitute a taking. Headlines varied, including "A Legal Blow to Sustainable Development" (New York Times, June 26, 2013), "A Legal Blow to Cities That Wan...
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