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Thread: "Taking" case before the US Supreme Court

  1. #1
    Cyburbian Plus
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    "Taking" case before the US Supreme Court

    Koontz v. St. Johns River Water Management District
    http://www.scotusblog.com/case-files...ment-district/


    NY Times editorial: ‘Where Is the Taking?’
    http://www.nytimes.com/2013/01/20/op...he-taking.html

    It involves a decision by the water management district in Central Florida — an agency charged with protecting wetlands — to deny a permit to the Koontz family to develop three-plus acres of wetlands near Orlando because the family refused to contribute money to wetlands protection elsewhere in the state.

    This kind of mitigation under environmental law is common in cases involving statutes protecting clean water and endangered species. The family offered to preserve 11 acres that it owned, but the water management district rightly said that preserving what already existed was not mitigation.

    The Koontz family sought monetary compensation, but as the justices noted, the district has not condemned an iota of the land and has not required the family to do anything to its property. It simply denied the family a permit for development.
    Oddball
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  2. #2
    Cyburbian Plus
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    BUMP

    A victory for property rights advocates complaining about permitting conditions on their building.
    The holding: The government's demand for property from a land use permit applicant must satisfy the Nolan and Dolan requirements even when it denies the permit.
    http://www.policymic.com/articles/50...l-opinion-here

    Court Opinion: http://www.supremecourt.gov/opinions...-1447_6j37.pdf
    Oddball
    Why don't you knock it off with them negative waves?
    Why don't you dig how beautiful it is out here?
    Why don't you say something righteous and hopeful for a change?
    From Kelly's Heroes (1970)


    Are you sure you're not hurt ?
    No. Just some parts wake up faster than others.
    Broke parts take a little longer, though.
    From Electric Horseman (1979)

  3. #3
    Cyburbian ColoGI's avatar
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    Kicking and screaming to keep us from entering the 21st century as a democracy rather than a plutocracy. Doing a good job of it too.
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  4. #4
    OH....IO Hink's avatar
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    I didn't even see this thread. I will tell you what though, in 5 years there will be no such thing as a non-taking, as any governmental body doing anything with be considered a taking.

    I think public projects and protection of public lands will be nearly impossible in 20 years.
    A common mistake people make when trying to design something completely foolproof is to underestimate the ingenuity of complete fools. -Douglas Adams

  5. #5
    Cyburbian hilldweller's avatar
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    Quote Originally posted by Hink View post
    I didn't even see this thread. I will tell you what though, in 5 years there will be no such thing as a non-taking, as any governmental body doing anything with be considered a taking.

    I think public projects and protection of public lands will be nearly impossible in 20 years.
    You might be right Hink, but there is also the Kelo decision to reckon with. I'm hardly a constitutional scholar but it seems like the Court has been all over the place on property rights/takings.

  6. #6
    Cyburbian Plus Whose Yur Planner's avatar
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    Quote Originally posted by Hink View post
    I didn't even see this thread. I will tell you what though, in 5 years there will be no such thing as a non-taking, as any governmental body doing anything with be considered a taking.

    I think public projects and protection of public lands will be nearly impossible in 20 years.
    I think this is a reflection on our society as a whole.
    When did I go from Luke Skywalker to Obi-Wan Kenobi?

  7. #7
    NIMBY asshatterer Plus Richmond Jake's avatar
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    Quote Originally posted by Hink View post
    I didn't even see this thread. I will tell you what though, in 5 years there will be no such thing as a non-taking, as any governmental body doing anything with be considered a taking.

    I think public projects and protection of public lands will be nearly impossible in 20 years.
    I heard the same dire warnings following the Nollan and Dolan decisions.

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