At the heart of almost every takings clause case is the question of whether landowners have an absolute right to use their property as they see fit, or whether the government can impose limits designed to mitigate the cost of the development on the community at large. That is the question at the center of Koontz v. St. Johns River Water Management District, which will be heard next Tuesday by the Supreme Court.
Commentary: The takings clause meets the Roberts Court
The National Law Journal
January 14, 2013
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