Two interesting pieces of scholarship on Koontz v. St. Johns River Management District. The first is a law review article by Steve Eagle, a professor at the George Mason School of Law, and author of the excellent treatise Regulatory Takings. His new article, Koontz in the Mansion and Gatehouse, begins with a riff from an old article by Professor Yale Kamisar comparing the disparate treatment of criminal defendants at the police station “gatehouse” versus the judicial “mansion.” Here, the disparate treatment is between what the courts, especially the Supreme Court, have to say about a landowner’s constitutional rights versus the actual treatment before local permitting agencies.
Next, over the weekend there was a fascinating discussion of the Supreme Court’s recent takings claims, including Koontz, at the Federalist Society’s National Convention held last week. PLF’s Paul J. Beard II was on the panel, New Directions in Takings Law, joined by Professor James L. Huffman, Professor Stewart E. Serk, Professor Thomas W. Merrill and moderated by the Honorable Edith Brown Clement from the Fifth Circuit.