Housing

The Supreme Court Just Handed Real Estate Developers a Huge Win

A major new property-rights decision could "work a revolution in land-use law."
Reuters

The Supreme Court handed down a decision Tuesday morning that's gotten considerably less attention than this term's blockbuster battles over same-sex marriage and voting rights. But Koontz v. St. Johns River Water Management District will likely prove a historic property-rights ruling, with far-reaching implications for the leverage local land-use agencies may use to extract concessions from property owners and developers for the common and environmental good.

The question lurking behind the case – how much and what can the public ask for when a private property owner's actions cause wider harm or societal burdens? – has the potential for much broader impact than the technical details of one Florida man's property dispute would suggest. And the 5-4 ruling surprised court-watchers who felt the government made a convincing case at oral arguments in January. In a majority opinion written by Justice Samuel Alito, the court sided with the property owner.