The Big Chill? - The Likely Impact of Koontz on the Local Governments/Developer Relationship

This article will explore the doctrine of unconstitutional conditions, showing how it has evolved in the context of land use and come to be the logical underpinning of controversial Supreme Court decisions regarding exactions. Part I will explain the doctrine of unconstitutional conditions, providing a brief overview of its development over the course of the past century. Part II will then discuss how this doctrine has come to be the logical foundation on which the Supreme Court’s exactions jurisprudence rests. Part III will discuss the Koontz decision and its impact on the doctrine of unconstitutional conditions.

In Part IV, we will shift our focus to the Koontz decision, and explain why it has been called by some commentators the worst takings decision in Supreme Court history. Finally, in Part V, we will discuss how local governments should proceed in the post-Koontz world.