In a major victory for property rights advocates, the U.S. Supreme Court ruling in Koontz v. St. Johns River Water Management District, 11-1447, has finally concluded a dispute brewing for almost two decades over whether a state agency overstepped its boundaries in regulating proposed wetlands in connection with a Central Florida commercial development. The landmark ruling redefines the constitutional takings law and strengthens the position of property owners seeking developmental approvals at all levels of government, from local municipalities to federal agencies.
Historically, land use and environmental permit applicants often have been asked to choose between accepting unconstitutional permit conditions or facing denial of their permit requests, without any practical means of contesting the validity of those conditions under the takings clause. The high court’s 5-4 vote provides landowners with relief when governmental authorities impose conditions of approval that are considered over-reaching. The ruling affirms and expands the limits that government can impose on property owners in exchange for allowing them to develop their properties.
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