Fenster on Land Use Exactions Takings & the Impact of the U.S. Supreme Court's decision in Koontz v. St. Johns River Water Management District (PDF)
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What will be the impact of the U.S. Supreme Court's decision in Koontz v. St. Johns River Water Management District on the regulatory conditions called exactions common to land use regulation? Professor Mark Fenster analyzes the Court's decision, including the holding that Nollan and Dolan now apply to money exactions and the more complicated and less resolved issues arising when an exaction negotiation fails.
Mark Fenster is Cone, Wagner, Nugent, Hazouri & Roth Tort Professor at the Levin College of Law, University of Florida. He earned his J.D. at Yale Law School and a PhD from the Institute of Communications Research at the University of Illinois at Urbana-Champaign. His research is on regulatory takings and administrative law, and he has published widely on exactions law and practice.
Professor Fenster co-authored an amicus brief submitted on behalf of the Florida Leagues of Cities and Counties in the Florida Supreme Court, siding with the petitioners St. Johns Water Management District in Koontz.
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