Archives: Land Use

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Koontz v. St. Johns River Water Management District Gives Oregon Developers New Hope

As reported in this blog yesterday, the U. S. Supreme Court issued a decision on June 25, 2013, that expanded the rights of land owners and developers under the Fifth Amendment to the U.S. Constitution. In Koontz v. St. Johns River Water Management District, the Court held that the Fifth Amendment, which requires just compensation when … Continue Reading

Supreme Court Issues Major Ruling (No, Not Those Rulings)

Lost in the media’s attention on affirmative-action, voting-rights and same-sex marriage cases, the United States Supreme Court issued a significant decision on unconstitutional takings on June 25, 2013, in Koontz v. St. Johns River Water Management District. In that case, the issue before the Court was whether the Nollan/Dolan takings analysis can be applied when a permit is … Continue Reading

PCS Nitrogen Inc. v. Ashley II of Charleston: Prospective Purchasers Beware

On April 4, 2013, the Fourth Circuit Court of Appeals issued the first appellate decision interpreting the “bona fide prospective purchaser” (“BFPP”) defense. The BFPP defense exempts certain qualified individuals and entities from the stringent federal environmental cleanup liability imposed under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) . . .… Continue Reading