Koontz v. St. Johns River Water Management District

Authors

Ross Keogh, University of Montana School of LawFollow

Case Summary Citation

___ U.S. ___, 133 S.Ct. 2586, 186 L. Ed. 2d 697

Abstract

Koontz extends the application of Nollan and Dolan, which require exactions of real property for land-use permits to share a “nexus” and be “roughly proportional” to the regulation to be constitutional. A divided United States Supreme Court held that “monetary exactions,” potentially including building permit fees or impact fees, must satisfy the Nollan and Dolan requirements even if the government denies the permit.[1] The Court did not reach the merits of the petitioner’s appeal.

[1](Kagan, Ginsburg, Breyer, and Sotomayor, JJ., dissenting).