Anmerkungen:
In: American University Law Review, Vol. 63, No. 3, 2014
Nach Informationen von SSRN wurde die ursprüngliche Fassung des Dokuments 2014 erstellt
Beschreibung:
On its face, the Supreme Court's 2013 decision in Koontz v. St. John's River Water Management District held that "monetary exactions" (fees imposed on developers to mitigate the impact of their proposed developments) were subject to the nexus and rough proportionality tests created by the Nollan and Dolan cases. The reasoning Justice Alito employed, however, has potentially a much more extensive reach into the government's ability to regulate. This Note argues that Koontz implicitly created a broad new per se regulatory taking rule through the backdoor: Whenever the government attaches a monetary obligation to specifically identified assets –– and the obligation is not a tax –– a per se taking has occurred, entitling the asset owner to just compensation