Florida Law Review Forum

Timothy M. Mulvaney
On “Bargaining For Development”
Response to Sean Nolon, Bargaining for Development Post-Koontz

In his recent article, Bargaining for Development Post-Koontz, Professor Sean Nolon builds off the pioneering work of Carol Rose, Tony Arnold, and select other property scholars to highlight the role of negotiation in land use law. This responsive essay proceeds in two parts. First, it illuminates the chilling effect Professor Nolon perceives by explaining Koontz’s grounding in the retroactive takings compensation principle adopted by the Supreme Court nearly thirty years ago in First English Evangelical Lutheran Church of Glendale v. County of Los Angeles. Second, it suggests that Professor Nolon’s list of potential government responses to Koontz can be expanded to include at least five additional (if admittedly more radical) courses, several of which may hold slightly more promise for the public than those advanced in Professor Nolon’s insightful critique. Read More.