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Property Keyed to Merrill
Koontz v. St. Johns River Water Management District
Citation:
133 S. Ct. 2586Facts
The plaintiff, Koontz, sought permits to develop a section of his property from the defendant, St. Johns, based on Florida Law’s requirement that permit applicants wishing to build on wetlands offset the resulting environmental damage. Koontz offered to mitigate the environmental effects of his development proposal by giving St. Johns a conservation easement on nearly three-quarters of his property. St. Johns reject this request, and informed him that it would approve construction only if he: (1) reduced the size of his development and then gave St. Johns a conservation easement on the resulting larger remainder of property, or (2) hired contractors to make improvements to wetlands owned by St. Johns several miles away. Koontz, believing these demands excessive, declined them and filed suit under a state law providing money damages for agency action that is an unreasonable exercise of the police power constituting a taking without just compensation. Koontz won in both the District Court and The District Court of Appeals, but lost in the Florida Supreme Court. The Florida Supreme Court indicated both that Koontz claim failed because St. Johns denied his application, as opposed to accepting it with the conditions in place, and because a demand for money cannot give rise to a “takings” claim under Nollan or Dolan.
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