St. Johns River Water Management District v. Koontz

Summary

The Florida Supreme Court reviewed whether the Nollan/Dolan exactions doctrine applies when a government condition involves a monetary or non-real-property obligation and the requested permit is denied rather than issued. The court held that the doctrine applies only when the government seeks a dedication of or over an interest in real property in exchange for permit approval and actually issues the permit. It therefore answered the rephrased certified question in the negative and quashed the Fifth District Court of Appeal’s decision.

Holdings

1. Under the takings clauses of the United States and Florida Constitutions, the Nollan/Dolan essential-nexus and rough-proportionality requirements apply only when the governmental condition involves dedication of, or an interest over, the owner's real property in exchange for permit approval.
2. The Nollan/Dolan exactions doctrine does not apply when the regulatory agency never issues the permit, the landowner never performs the proposed condition, and no property interest is taken.

Questions Presented

1. Whether the Nollan/Dolan exactions doctrine applies when the alleged exaction does not require dedication of an interest in or over real property to public use.
2. Whether the Nollan/Dolan exactions doctrine applies when the regulatory agency does not issue the requested permit and the alleged exaction is never imposed or performed.

Disposition

quashed