Landowners win case on Property Rights
Gregory K Zieba & Associates - Real Estate Appraisers and Consultants
My Blog

Landowners win case on Property Rights

On June 25 2013, the Supreme Court in a 5-4 decision ruled in favor of the plaintiff in Koontz v. St Johns River Water Management District.  The plaintiff (Koontz) owned a 14.9-acre tract of mostly wetlands near Orlando Florida. He wished to develop 3.7 acres and filed for a permit to dredge and fill that portion of his land. In exchange, he pledged  to conserve the remaining portion of his land.
The St Johns River Water Management District required he only develop one-acre, or make improvements to government owned land nearby in exchange for a permit to be issued. Koontz sued, and the case has been dragging on through the courts for 11 years. Mr. Koontz has since passed away, and the land now belongs to his son, Coy Koontz, Jr.
The District contended that there was no 5th amendment issue under the Just Compensation Clause as the was no taking of the property. The court ruled in favor of the landowner saying in part " It makes no difference that no property was actually taken in this case. Extortionate demands for property in the land-use permitting context run afoul of the Takings Clause not because they take property but because they impermissibly burden the right not to have property taken without just compensation."
This is a victory for landowner's rights. It has become more common for government agencies to use their power to coerce concessions from landowners to their detriment.  It will be interesting to see how other cases are decided in similar matters.

7 Comments to Landowners win case on Property Rights:

Comments RSS
write my assignment for me on Friday, June 15, 2018 4:03 AM
I really enjoyed reading your article. I found this as an informative and interesting post, so i think it is very useful and knowledgeable. I would like to thank you for the effort you made in writing this article.
Reply to comment

write my dissertation for me on Friday, June 15, 2018 4:04 AM
I have recently started a blog.Wow, it looks really beautiful! My friend has recommended your services to me some time ago and I still could not make it. I think this new place can be a motivation for me to go there finally. Thanks a lot for posting.
Reply to comment

legit paper writing services on Wednesday, July 04, 2018 9:29 AM
Are you a landowner? Tell me more about your job, please.
Reply to comment

Video Game Leather Jackets on Thursday, August 09, 2018 3:38 AM
I read your whole blog, Your work is really good and inseparable, Thanks for sharing.
Reply to comment

Venom Costume on Friday, August 10, 2018 12:27 AM
Pretty cool post. It’s truly very nice and beneficial post. Thanks for sharing this with us!it is my first stop by.
Reply to comment

buy plays on soundcloud on Monday, September 03, 2018 2:34 PM
We are very happy and i also appreciate your effort. You are doing congrats.
Reply to comment

Best Productivity Apps on Thursday, September 06, 2018 4:10 AM
Court gave landowners a new avenue to challenge some federal regulatory decisions affecting their property rights.
Reply to comment

Add a Comment

Your Name:
Email Address: (Required)
Make your text bigger, bold, italic and more with HTML tags. We'll show you how.
Post Comment

Recent Posts

When Losing Money on Commercial Real Estate Makes Perfect Sense - See more at:
Property Assessments
Landowners win case on Property Rights


Commercial Real Estate
Property Rights
Taxation and Assessments
powered by