Monday, October 8, 2012
Tim Mulvaney has an extensive post on the Supreme Court's decision to grant cert in the “exaction” takings case of Koontz v. St. John’s River Water Management District. The rub:
The Koontz case raises two important questions: (1) whether the Nollan/Dolan test applies to exactions beyond those that require public occupation of private lands; and (2) whether the Nollan/Dolan test is applicable at the point in time when an exaction is merely proposed. Drawing from several of my earlier posts on Koontz (available here and here), below I will attempt to provide a primer on the facts and the issues at stake.
The whole post is worth reading - Tim is an expert on exactions and breaks the case down in a very succinct and intelligible way.