Florida Property Owner, Coy Koontz, Jr., Honored by Owners’ Counsel of America for his Stalwart Stand for Property Rights
“In 1994, Coy Koontz, Sr. initiated what has become a nearly 20-year legal battle through the Florida courts. Central in the case is the common exercise of government permitting power. Koontz, Sr. died in 2000, before seeing justice, and his son continued the battle all the way to the nation’s highest court.
In resounding 5-4 victory last June, the U.S. Supreme Court found that Koontz had a claim for a constitutional violation of the Fifth Amendment’s “takings clause.” In Koontz v. St. Johns Water River Management District, 568 U.S. _ (2013), the Supreme Court held that when government engages in land-use regulation, it must show that there is an “essential nexus” and “rough proportionality” between its permitting demands upon the landowner and the effects of the proposed use. The Court found that these standards apply not only to exactions for land as a condition for land use permits but also to the government’s demand for money in exchange for permitting – even if the permit is ultimately denied.
“My father started this fight 20 years ago and did not live to see the Supreme Court victory, explained Koontz. “I just hope the fight won’t outlive me.” Yet, despite their success in the Supreme Court, the battle is not over. The case has been returned to the Florida courts for a final determination.”
PRWeb.com 31 January 2014.