Today, the Supreme Court issued its opinion in Koontz v. St Johns River Water Mgmt District, No. 11-1447 (cert. granted Oct. 5, 2012), holding that the nexus and proportionality standards apply to government demands for money as well as land, and that a property owner need not accept the permit in order to challenge it.
Opinion here. This is the third and final takings case the Court considered this term, which asked whether the "essential nexus" and "rough proportionality" standards of Nollan and Dolan are applicable only to exactions for land, or whether they are generally-applicable tests for all exactions.
Disclosure: we filed an amicus brief in the case, in support of Mr. Koontz.
Here's our thoughts on the oral arguments. More, once we have a chance to digest the opinions in detail.
Koontz v. St. Johns River Water Management District, No. 1101447 (June 25, 2013)
