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Environment "Taking" case before the US Supreme Court

JNA

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Koontz v. St. Johns River Water Management District
http://www.scotusblog.com/case-files/cases/koontz-v-st-johns-river-water-management-district/


NY Times editorial: ‘Where Is the Taking?’
http://www.nytimes.com/2013/01/20/opinion/sunday/where-is-the-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.
 

JNA

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Hink

OH....IO
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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.
 

hilldweller

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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.
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.
 

Whose Yur Planner

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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.
I think this is a reflection on our society as a whole.
 

Richmond Jake

You can't fight in here. This is the War Room!
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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.
I heard the same dire warnings following the Nollan and Dolan decisions.
 
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