A big thanks to my Owners Counsel of America and ABA State and Local Government Law Section colleague Dwight Merriam for emceeing today’s well-attended double session on land use and takings law at the International Municipal Lawyers Association’s 2013 annual meeting in San Francisco. Dwight and I were joined by land use expert Cecily
Nollan/Dolan | Exactions
Upcoming IMLA Panel On Koontz, Harvey Cedars, And Lost Tree

On Monday, September 30, 2013, we’ll be speaking along with Dwight Merriam and Cecily Barclay at the International Municipal Lawyers Association’s annual meeting in San Francisco, about three important cases/issues: Koontz, Harvey Cedars, and Lost Tree.
That’s a pretty wide range of cases, but we have some time and we’re sure…
Worth Reading On Koontz: “A 20-year legal battle over a water management district’s condition for development is over – sort of.”
A link to a story worth reading about the U.S. Supreme Court’s decision in Koontz v. St. Johns River Water Management District, No. 11-1147 (June 25, 2013).
In Developing Story at Florida Trend (“The Magazine of Florida Business”), our Owners’ Counsel of America colleague Amy Brigham Boulris is quoted along with the property owner/petitioner…
Cal S Ct To Review “Inclusionary Housing” Money Exaction – First Major Post-Koontz Decision On The Way?
As we noted here, where we posted the petition for review, what might be the first major appellate decision following the U.S. Supreme Court’s decision in Koontz may be on the way.
Today, the California Supreme Court agreed to review (order here) the Court of Appeal’s decision in California Building Industry Ass’n …
Conference Announcement: The Taking Issue – 40th Anniversary Symposium
If you are anywhere within striking distance of Touro Law School (Central Islip, Long Island), you should make plans to attend a conference that promises two days of fantastic programming on October 3 and 4, 2013.
“The Taking Issue – 40th Anniversary Symposium” is dedicated to the memory of the legendary Professor Fred…
Telebriefing: Regulatory Takings Claims In California
Please join us this upcoming Monday, August 19, 2013 from 1:00 – 2:30 p.m. Pacific Time for a telebriefing, “Regulatory Takings Claims in California – Implications of Recent Decisions and Advice for Practitioners and Government Agencies.”
Brad Kuhn (Nossaman, California Eminent Domain Report) is the program Chair and will serve as moderator…
Cal App: Nollan/Dolan Issues Impacting Eminent Domain Valuation Are Decided By The Jury
Update: More thoughts from Rick Rayl and Brad Kuhn (California Eminent Domain Report) here.
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Here’s a decision at the intersection of eminent domain valuation and unconstitutional exactions from the California Court of Appeal (Fourth District). In City of Perris v. Stamper, No. E053395 (Aug. 9, 2013) the court held that…
6th Cir: Takings Plaintiff Forfeited Argument That Facial Challenges Not Subject To Williamson County’s State Procedures Requirement
Whoa, that was fast: in a case argued on August 2, 2013, and decided on August 9, 2013 (that’s one week from orals to opinion, folks), the U.S. Court of Appeals for the Sixth Circuit in Village of Maineville v. Salt Run, LLC, No. 12-4379 (Aug. 9, 2013), held that the property owner/plaintiff forfeited*…
Wednesday Round-Up: Koontz Recording, Jersey Shore Dunes, Plastic Bag Bans
Here’s what we’re reading today:
- Here’s the recording of the recent webinar on the U.S. Supreme Court’s decision in Koontz v. St. Johns River Water Mgm’t Dist., No. 11-1447 (June 25, 2013), featuring Paul Beard II, arguing and prevailing counsel. Go here, sign in, and listen for free.
- Our Owners’ Counsel colleague from
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First Post-Koontz Case: City’s “Inclusionary Housing” Exaction Challenged In California Supreme Court
Remember that decision by the California Court of Appeal which held that the City of San Jose’s “inclusionary housing” exaction was subject only to low-level scrutiny and not the nexus-and-proportionality requirment?
Well, after Koontz, you should not be surprised that the decision has been taken to the next higher level and the California Building…

