New Takings Case Argued Before the Supreme Court

William Fulton examines the likely outcome of a takings case that went before the U.S. Supreme Court last week. Oral arguments seemed to indicate the justices were leaning towards a surprising outcome.

2 minute read

January 24, 2013, 2:00 PM PST

By Jonathan Nettler @nettsj


Supreme Court of the United States

Phil Roeder / Flickr

"If the oral argument is any indication, the U.S. Supreme Court is likely to rule against a landowner in Florida who filed a takings lawsuit against an Orlando-area water district – turning what appeared to be an easy victory for property rights advocates into a loss," says Fulton.

The case before the court - Koontz v. St. Johns River Water Management District - revolves around "the question of whether a property owner’s refusal to provide offsite mitigation in exchange for a permit is a taking." For those of you that remember your planning law training, you may recall the precedent cited in earlier rulings on the case: "so-called Nollan/Dolan test, which states that exactions are permissible if there is a 'rational nexus' (Nollan) and 'rough proportionality' between impact and exaction (Dollan)."

According to Fulton, based on his line of questioning during the proceedings, "it appears that Justice Antonin Scalia – author of the important Nollan v. California Coastal Commission ruling a quarter-century ago – will swing the court against the property owners and toward a more cautious takings approach."

"Indeed, the veteran conservative justice – who has sounded more political than scholarly in many recent writings – fell back to the settled positions of the 1980s and ‘90s, when the Supreme Court concluded that a taking occurs only when all other options have been exhausted. Clearly, in this case, he believed they had not been."

Wednesday, January 23, 2013 in California Planning & Development Report

"Planetizen federal action tracker" logo superimposed over black and white image of US Capitol dome.

Planetizen Federal Action Tracker

A weekly monitor of how Trump’s orders and actions are impacting planners and planning in America.

November 11, 2026 - Zachary Whalen

A road in north eastern Nebraska with power lines on either side, and grassy fields.

Eastern Nebraska is running out of electricity

Data centers and electrification are straining eastern Nebraska’s grid, throttling economic development.

November 6, 2026 - Grist

People walking and cycling on a street in Boston.

Study reveals best places in the U.S. for cycling, walking

New research from Streetlight Data examines bicycle and pedestrian miles per capita in the 100 largest U.S. cities by population.

November 8, 2026 - Smart Cities Dive

Mark, an older white man in a blue jacket, smiles in front of a plaque that commemorates his scholarship.

Federal government nominates new FTA administrator

Mark Aesch is currently the founder and CEO of a transportation management consulting firm.

30 minutes ago - Mass Transit

A rendering of people walking through a park to the chicago bears stadium, which is large and dome shaped.

Developers reveal $10 billion stadium plan as ‘Hail Mary’ to keep Bears in Chicago

The plan would also boast a public park, high- and mid-rise buildings and a youth sports complex.

2 hours ago - Chicago Sun Times

People watch as carbon dioxide is vented during a safety demonstration outside Nome City Hall in Jefferson Co.

As Texas embraces carbon storage, a Black community questions the risks

Texas now issues permits for companies to store carbon dioxide underground. East Texas residents fear safety risks, and skeptics doubt the climate benefits.

3 hours ago - Texas Tribune

FREE Course: Walkable City 1: Why Walkability?

After describing his path towards focusing on walkability as the essence of good planning, Jeff Speck marches through his five principal reasons for making more walkable places.

Reinventing Malls: Planning Alchemy—Turning Gray Fields Into Gold

The course focuses on the opportunities and imperatives that shape reinvention of mall sites.