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PLF files opening brief in major U.S. Supreme Court property rights case

November 21, 2012 | By BRIAN HODGES

Today, PLF filed the merits brief in the U.S. Supreme Court property rights case, Koontz v. St. John’s River Water Management District (a copy of the merits brief is available here). As you may recall, Koontz concerns an issue that is eventually faced by every property owner:  can the government force you to pay for … ...

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My Washington Times op-ed on the Koontz case

November 30, 2012 | By TIMOTHY SANDEFUR

Today’s Washington Times carries this article by me and Ilya Shapiro about the Koontz case. Excerpt: The implications of this case go beyond issues of property rights. When officials start treating permits as a kind of benefit for which people can be forced to pay with resources or concessions that have no connection to their … ...

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We all have something to gain from the Koontz case

January 07, 2013 | By JONATHAN WOOD

The Koontz case, which the head of the Constitutional Accountability Center described as “going away the most important takings case the Roberts Court will decide,” continues to receive broad support as the oral argument approaches.  As readers know, Koontz is a case that the Supreme Court will hear this month, in which PLF argues that ...

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Koontz oral argument : the Takings Clause protects “private property,” not just real property

January 08, 2013 | By PACIFIC LEGAL FOUNDATION

Is money a kind of private property?  In PLF’s Koontz case, which attorney Paul Beard II will argue at the U.S. Supreme Court on the 15th, one significant issue is whether the Supreme Court’s previous decisions  in Nollan and Dolan apply to monetary exactions.  Those two cases protect property owners from unlawful permit conditions t ...

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Koontz seeking justice at the Supreme Court

January 09, 2013 | By CHRISTINA MARTIN

On Tuesday, January 15, the U.S. Supreme Court will hear PLF’s case Koontz v. St. Johns River Water Management District. youtubehttps://www.youtube.com/watch?feature=player_embedded&v=8-XDD6KyWaQ#!/youtube Yesterday, we filed the reply brief, explaining: This kind of heavy handedness—exacting as much property out of a permit applicant a ...

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Koontz oral argument : what do state and local governments think the Takings Clause protects?

January 10, 2013 | By JONATHAN WOOD

In Koontz, governments across the country argue that the Takings Clause only applies to real property and not to demands for money.  But that argument can’t be squared with the text of the Takings Clause which reads: nor shall private property be taken for public use, without just compensation. As you can see from its … ...

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Koontz oral argument : armor against government extortion

January 10, 2013 | By CHRISTINA MARTIN

This Tuesday, PLF attorney Paul Beard will ask the U.S. Supreme Court to protect property owners from unfair government demands made during the permitting process. PLF’s client, Coy Koontz, Jr., is fighting a Florida agency’s decision that conditioned issuance of land use permits upon Koontz agreeing to pay for improvements on public l ...

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Koontz oral argument : the importance of Nollan

January 11, 2013 | By PACIFIC LEGAL FOUNDATION

In only four days the U.S. Supreme Court will hear oral arguments in PLF’s property rights case, Koontz.  In recent posts, we’ve argued that Supreme Court precedents set out in Nollan and Dolan should apply to Koontz.  Today and Monday we’ll take a closer look at the importance of those two cases. This post focuses … ...

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Koontz oral argument : the balance of Dolan

January 14, 2013 | By JONATHAN WOOD

Tomorrow, the U.S. Supreme Court will hear oral arguments in PLF’s property rights case, Koontz.  In a series of posts last week, we scrutinized the arguments being made and argued that the Supreme Court precedents set out in Nollan and Dolan should apply to Koontz.  On Friday, we took an in-depth look at Nollan.  This … ...