Fla. L. Rev. Forum

Shelley Ross Saxer
To Bargain or Not to Bargain? A Response to ‘Bargaining for Development Post-Koontz’
Response to Sean F. Nolon, Bargaining for Development Post-Koontz: How the Supreme Court Invaded Local Government

There are two major questions remaining after the U.S. Supreme Court’s 2013 decision in Koontz v. St. Johns River Water Management District: 1) whether subjecting proposed exactions, not just imposed exactions, to Nollan and Dolan heightened scrutiny will chill negotiations between local governments and developers over whether a permit for a project with potential adverse externalities should be granted; and 2) what type of monetary fees will be subject to heightened scrutiny after Koontz held that monetary exactions, not just physical exactions, will be subject to the Nollan and Dolan test. In his excellent article, Bargaining for Development Post-Koontz: How the Supreme Court Invaded Local Government, Professor Sean F. Nolon addresses the first major question and identifies, but does not address, the second. Read More.

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