Koontz blog round up
Last week, I wrote about the broad support that our client in Koontz v. St. John’s River water Management District received from landowners, developers, industry associations, legal scholars, land use attorneys, and think tanks from across the nation. Since then, two law bloggers have provided excellent summaries of the amicus briefs.
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St. Johns River Water Management District v. Koontz
Coy A. Koontz sought to develop commercial land, most of which lies within a riparian habitat protection zone in Orange County, Florida. He applied for a dredge and fill permit with the St. Johns Water Management District, which agreed to grant the permit only on the condition that he place a conservation easement over his land, and perform mitigation off-site by replacing culverts and plugging certain drainage canals on distant District-owned properties. When Koontz refused to perform the off-site mitigation, St. Johns denied the permit. PLF successfully represented Koontz before the U.S. Supreme Court, which held that a land-use agency cannot condition a permit on the payment of a mitigation fee to be used to pay for facilities that have no connection to the impacts of the permitted development.Read more
What to read next
The Forest Service pulled a bait-and-switch on a decades-old land deal. Here’s how the owners are fighting back.
When the government negotiates for a limited-access easement across your property, it cannot turn around later and decide it has an unlimited right to cross your property. Wil Wilkins and … ›
This morning, PLF filed an Amicus Letter urging the Supreme Court of California to grant review of the court of appeal’s decision in Environmental Law Foundation v. State Water Resources Control … ›