Legislative Exactions after Koontz v. St. Johns River Management District

Wake and Bona talk about legislative exactions after Koontz v St Johns River Management District. Koontz merely clarified that there is no exception for conditions requiring the dedication of financial assets, and that the nexus test applies just the same when a permit has been denied on account of the developer's refusal to submit to improper conditions. But Koontz went further in explaining the doctrinal underpinnings of the Takings Clause and its interplay with the unconstitutional conditions doctrine. In doing so, Koontz offers strong authority for courts to reconsider whether there is a principled basis for a legislative exception. Koontz suggests that courts should reject such an exception, and that the nexus and rough proportionality tests should apply any time an owner's right to use his land has been conditioned on a requirement to give up any interest in real property or money.