Abstract

http://ssrn.com/abstract=2354617
 


 



Koontz in the Mansion and the Gatehouse


Steven J. Eagle


George Mason University School of Law

November 15, 2013

Urban Lawyer, Vol. 61, No. 1, 2014 Forthcoming
George Mason Law & Economics Research Paper No. 13-64

Abstract:     
This Article focuses on problems in implementing the U.S. Supreme Court’s expansion of its doctrine of unconstitutional conditions pertaining to land development approvals in Koontz v. St. Johns River Water Management District. As earlier developed in Nollan v. California Coastal Commission and Dolan v. City of Tigard, the doctrine applied only to unrelated or disproportional exactions of interests in real property. The doctrine was expanded in Koontz to include denials of development approval after landowner refusal to accede to unreasonable exaction demands, and also to exactions of money as well as real property interests.

Drawing an analogy to Yale Kamisar’s disparate treatment of criminal defendants in the “mansion” of the judicial system and the “gatehouse” of the police station, the Article discusses difficulties in implementing Koontz. It examines the difficulty of enforcing prohibitions on unreasonable coercion in informal bargaining between land development approval applicants and local regulators. The Article concludes by discussing specific procedural and substantive problems, and proposes some partial solutions.

Number of Pages in PDF File: 36

Keywords: unconstitutional conditions, regulatory takings, development exactions, impact fees, land development applications, heightened scrutiny, deferential review, transparency, legislative determinations, adjudicative decisions, incentive zoning, Williamson County, Eastern Enterprises, Fifth Amendment

JEL Classification: K11, R52, H77

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Date posted: November 16, 2013 ; Last revised: November 19, 2013

Suggested Citation

Eagle, Steven J., Koontz in the Mansion and the Gatehouse (November 15, 2013). Urban Lawyer, Vol. 61, No. 1, 2014 Forthcoming; George Mason Law & Economics Research Paper No. 13-64. Available at SSRN: http://ssrn.com/abstract=2354617

Contact Information

Steven J. Eagle (Contact Author)
George Mason University School of Law ( email )
3301 Fairfax Drive
Arlington, VA 22201
United States
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