In Koontz v. St. Johns River Water Management District, No. 11-1447 (June 25, 2013), a sharply divided United State Supreme Court expanded the landowner's Fifth Amendment protections against takings to certain monetary exactions imposed by a government agency as part of its land use permitting process.
Following Koontz, when a government agency requires, as a condition of approving a development permit, that the developer perform services or make a monetary payment in lieu of performing the services, the government must establish a "nexus" between the exaction and the impact of the development and the exaction must be "roughly proportional" to the impact being addressed by the government.
Background
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