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Permit Conditions go to the Supreme Court

January 15, 2013

Ever get a ridiculous permit condition on a project?  You may soon get some ammunition to fight against unreasonable permit conditions.

In Supreme Court docket 11-1447 the issue of conditional permitting will be debated in the case of Koontz v St Johns River Water Management District, Tuesday Jan 15.  The core question which surrounds the  quid pro quo structure of conditional permitting is defining when approving agencies go too far and the requests are no longer roughly proportional or violate the essential nexus test set out in previous land use Supreme Court cases.  Is it possible for an agency to effectively exercise a regulatory taking when a land owner does not meet the permit conditions?

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