Koontz V. St. Johns River Water Management District
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Koontz V. St. Johns River Water Management District
''Koontz v. St. Johns River Water Management District'', 570 U.S. 595 (2013), is a United States Supreme Court case in which the Court held that land-use agencies imposing conditions on the issuance of development permits must comply with the "nexus" and "rough proportionality" standards of '' Nollan v. California Coastal Commission'' and '' Dolan v. City of Tigard'', even if the condition consists of a requirement to pay money, and even if the permit is denied for failure to agree to the condition. It was the first case in which monetary exactions were found to be unconstitutional conditions. Background Petitioner Coy Koontz applied to the St. Johns River Water Management District for a permit to develop 3.7 acres of wetlands under the District's jurisdiction. Koontz offered to mitigate the loss of wetlands by conveying to the District a conservation easement over 11 acres of adjacent land. The District declined Koontz's mitigation offer, instead proposing that Koontz either ...
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Florida Supreme Court
The Supreme Court of Florida is the highest court in the U.S. state of Florida. It consists of seven members: the chief justice and six justices. Six members are chosen from six districts around the state to foster geographic diversity, and one is selected at large. The justices are appointed by the governor to set terms, which do not exceed six years. Immediately after appointment, the initial term is three years or less because the justices must appear on the ballot in the next general election that occurs more than one year after their appointment. Afterward, they serve six-year terms and remain in office if retained in the general election near the end of each term. Citizens vote on whether or not they want to retain each justice in office.Florida's Legal & Judicial System
''Guide to Florida Law''
Chi ...
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Just Compensation
Just compensation is a right enshrined in the Fifth Amendment to the U.S. Constitution (and counterpart state constitutions), which is invoked whenever private property is taken (also in some states damaged) by the government. Usually, the government (condemnor) files an eminent domain action to take private property for "public use.", but when it fails to do so and pay for the taking, the owner may seek compensation in an action called "inverse condemnation." For reasons of expedience, courts have been generally using fair market value as the measure of just compensation, reasoning that this is the amount that a willing seller would accept in a voluntary sales transaction, and therefore it should also be payable in an involuntary one. However, the U.S. Supreme Court has repeatedly acknowledged that "fair market value" as defined by it falls short of what sellers would demand and receive in voluntary transactions. United States v. 50 Acres of Land, 469 U.S. 24 (1984)Olson v. Unit ...
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2013 In United States Case Law
Thirteen or 13 may refer to: * 13 (number), the natural number following 12 and preceding 14 * One of the years 13 BC, AD 13, 1913, 2013 Music * 13AD (band), an Indian classic and hard rock band Albums * ''13'' (Black Sabbath album), 2013 * ''13'' (Blur album), 1999 * ''13'' (Borgeous album), 2016 * ''13'' (Brian Setzer album), 2006 * ''13'' (Die Ärzte album), 1998 * ''13'' (The Doors album), 1970 * ''13'' (Havoc album), 2013 * ''13'' (HLAH album), 1993 * ''13'' (Indochine album), 2017 * ''13'' (Marta Savić album), 2011 * ''13'' (Norman Westberg album), 2015 * ''13'' (Ozark Mountain Daredevils album), 1997 * ''13'' (Six Feet Under album), 2005 * ''13'' (Suicidal Tendencies album), 2013 * ''13'' (Solace album), 2003 * ''13'' (Second Coming album), 2003 * ''13'' (Ces Cru EP), 2012 * ''13'' (Denzel Curry EP), 2017 * ''Thirteen'' (CJ & The Satellites album), 2007 * ''Thirteen'' (Emmylou Harris album), 1986 * ''Thirteen'' (Harem Scarem album), 2014 * ''Thirt ...
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2013 In The Environment
This is a list of notable events relating to the environment in 2013. They relate to environmental law, conservation, environmentalism and environmental issues. Events *The London Array, an off-shore wind farm in the Thames Estuary in the United Kingdom, becomes the largest of its type in the world. *The Ok Tedi mine, responsible for the Ok Tedi environmental disaster, is set to close. January * A controversial campaign to eradicate cats in New Zealand is launched, attracting international attention. *There was international condemnation when over 1000 bottlenose dolphins were killed in the Solomon Islands. March *The Mayflower oil spill occurred when an ExxonMobil pipeline carrying Canadian Wabasca heavy crude from the Athabasca oil sands ruptured in Mayflower, Arkansas in the United States. Approximately 12,000 barrels (1,900 m3) of oil mixed with water had been recovered by 31 March. The United States Environmental Protection Agency classified the leak as a major spill. Ap ...
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Takings Clause Case Law
Eminent domain (United States, Philippines), land acquisition (India, Malaysia, Singapore), compulsory purchase/acquisition (Australia, New Zealand, Ireland, United Kingdom), resumption (Hong Kong, Uganda), resumption/compulsory acquisition (Australia, Barbados, New Zealand, Ireland, United Kingdom), or expropriation (Argentina, Belgium, Brazil, Canada, Chile, Denmark, Finland, France, Germany, Greece, Italy, Mexico, Netherlands, Norway, Panama, Poland, Portugal, Russia, South Africa, Spain, Sweden, Serbia) is the power of a state, provincial, or national government to take private property for public use. It does not include the power to take and transfer ownership of private property from one property owner to another private property owner without a valid public purpose. This power can be legislatively delegated by the state to municipalities, government subdivisions, or even to private persons or corporations, when they are authorized by the legislature to exercise the functi ...
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United States Supreme Court Cases Of The Roberts Court
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965-19 ...
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United States Supreme Court Cases
This page serves as an index of lists of United States Supreme Court cases. The United States Supreme Court is the highest federal court of the United States. By Chief Justice Court historians and other legal scholars consider each Chief Justice of the United States who presides over the Supreme Court of the United States to be the head of an era of the Court. These lists are sorted chronologically by Chief Justice and include most major cases decided by the Court. * Jay, Rutledge, and Ellsworth Courts (October 19, 1789 – December 15, 1800) * Marshall Court (February 4, 1801 – July 6, 1835) * Taney Court (March 28, 1836 – October 12, 1864) * Chase Court (December 15, 1864 – May 7, 1873) * Waite Court (March 4, 1874 – March 23, 1888) * Fuller Court (October 8, 1888 – July 4, 1910) * White Court (December 19, 1910 – May 19, 1921) * Taft Court (July 11, 1921 – February 3, 1930) * Hughes Court (February 24, 1930 – June ...
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Due Process Clause
In United States constitutional law, a Due Process Clause is found in both the Fifth and Fourteenth Amendments to the United States Constitution, which prohibits arbitrary deprivation of "life, liberty, or property" by the government except as authorized by law. The U.S. Supreme Court interprets these clauses broadly, concluding that they provide three protections: procedural due process (in civil and criminal proceedings); substantive due process, a prohibition against vague laws; and as the vehicle for the incorporation of the Bill of Rights. Text The clause in the Fifth Amendment to the United States Constitution provides: The clause in Section One of the Fourteenth Amendment to the United States Constitution provides: Background Clause 39 of Magna Carta provided: The phrase "due process of law" first appeared in a statutory rendition of the Magna Carta in 1354 during the reign of Edward III of England, as follows: Drafting New York was the only state that asked ...
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Florida Fifth District Court Of Appeal
The Florida Fifth District Court of Appeal is headquartered in Daytona Beach, Florida. History The Fifth District Court of Appeal was created by the 1979 session of the Florida Legislature. The Fifth District handles cases from the following counties and circuit courts: Orange and Osceola (Ninth Circuit); Volusia, Flagler, Putnam and St. Johns (Seventh Circuit); Lake, Marion, Sumter, Citrus and Hernando (Fifth Circuit); and Brevard and Seminole (18th Circuit). Chief Judges Judges who have served as Chief Judge of the Fifth DCA include: * Thomas D. Sawaya (2003–2005) * Robert J. Pleus Jr. (2005–2007) * David A. Monaco (2009–2011) * Richard B. Orfinger (2011–2013) * Jay P. Cohen (2017–2018) *Kerry I. Evander, Current Chief Judge Active Judges Judges who are currently serving on the Fifth DCA include: Senior Judges Senior judges are appointed to temporary judicial duty. Judges who are on senior status at the Fifth DCA include: * Richard B. Orfinger * Emerson R. Thomp ...
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Regulatory Taking
In United States constitutional law, a regulatory taking occurs when governmental regulations limit the use of private property to such a degree that the landowner is effectively deprived of all economically reasonable use or value of their property. Under the Fifth Amendment to the United States Constitution governments are required to pay just compensation for such takings. The amendment is incorporated to the states via the Due Process Clause of the Fourteenth Amendment. Regulatory takings jurisprudence has its roots in Justice Oliver Wendell Holmes' opinion in ''Pennsylvania Coal v. Mahon'' (1922) which stated that: "The general rule, at least, is that, if regulation goes too far, it will be recognized as a taking for which compensation must be paid." Modern jurisprudence to determine whether a regulatory taking has occurred centers around the ad hoc factor-based test that the Supreme Court of the United States laid out in '' Penn Central Transp. Co. v. New York City ...
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Eastern Enterprises V
Eastern may refer to: Transportation *China Eastern Airlines, a current Chinese airline based in Shanghai * Eastern Air, former name of Zambia Skyways * Eastern Air Lines, a defunct American airline that operated from 1926 to 1991 * Eastern Air Lines (2015), an American airline that began operations in 2015 * Eastern Airlines, LLC, previously Dynamic International Airways, a U.S. airline founded in 2010 *Eastern Airways, an English/British regional airline *Eastern Provincial Airways, a defunct Canadian airline that operated from 1949 to 1986 *Eastern Railway (other), various railroads * Eastern Avenue (other), various roads *Eastern Parkway (other), various parkways *Eastern Freeway, Melbourne, Australia * Eastern Freeway Mumbai, Mumbai, India *, a cargo liner in service 1946-65 Education *Eastern University (other) * Eastern College (other) Other uses * Eastern Broadcasting Limited, former name of Maritime Broadcasting System, C ...
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Impact Fees
An impact fee is a fee that is imposed by a local government within the United States on a new or proposed development project to pay for all or a portion of the costs of providing public services to the new development.Juergensmeyer, Julian C., and Thomas E. Roberts. Land Use Planning and Development Regulatory Law. St. Paul, MN: West Group, 2003. 351-373. Impact fees are considered to be a charge on new development to help fund and pay for the construction or needed expansion of offsite capital improvements. These fees are usually implemented to help reduce the economic burden on local jurisdictions that are trying to deal with population growth within the area. History Impact fees were first implemented in Hinsdale, Illinois in 1947. To finance a water treatment plant expansion, the Hinsdale Sanitary District president John A. McElwain implemented a "tap-in" fee of $50 per new residential sewer line. The sanitary district was sued by the Illinois Home Building Association, ...
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