HGS Files Brief before U.S. Supreme Court in Takings Case

Posted Wednesday, December 12th, 2012

On behalf of the Association of Florida Community Developers, the Florida Land Council, the Florida Farm Bureau, and the Florida Fruit and Vegetable Association, we filed a brief before the U.S. Supreme Court in Koontz v. St. Johns River Water Management District.  At issue in Koontz is whether the government must show that its conditions on a proposed land use are directly related and proportionate to impacts from the use.  The Florida Supreme Court held that the government has no such obligation where the condition asks for personal property or where the permittee decides not to accept the condition.  As explained in the brief, the Florida Supreme Court’s decision unfairly blurs the line between land use negotiations and extortion.  We thus urge the U.S. Supreme Court to reverse the Florida Supreme Court’s decision.  Oral argument is scheduled in the case for January 15, 2013.  Updates will follow accordingly.

Contact:  Gary K. Hunter and Mohammad O. Jazil

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