2013 Autumn Newsletter – Protecting Real Property in a Recovering Market

November 23, 2013

In a recent opinion, the U.S. Supreme Court invoked the “unconstitutional conditions doctrine” in the context of land-use regulation and sided with a property owner who had challenged powerful government regulators. Koontz v. St. Johns River Water Mgmt. Dist., 133 S. Ct. 2586, 2603 (2013). This case highlights the David and Goliath battles that often characterize negotiations between government land planners and property owners…