Posted on 06/25/2013 4:22:23 PM PDT by WilliamIII
WASHINGTON A legal dispute that started with Florida wetlands ended Tuesday in a Supreme Court victory for conservatives and private property advocates nationwide.
In a 5-4 decision that could impede government regulators at all levels, the court effectively made it harder for public agencies to demand property or money in exchange for issuing a land-use permit. At a certain point, the conservative majority reasoned, these demands amount to an unconstitutional taking of property without compensation.
Land-use permit applicants are especially vulnerable to (this) type of coercion, Justice Samuel Alito wrote for the majority, because the government often has broad discretion to deny a permit that is worth far more than property it would like to take.
Most immediately, the decision cheers Coy Koontz Jr., a Raleigh, N.C., resident whose late father, Coy Koontz Sr., bought the Florida property in question.
(Excerpt) Read more at kansascity.com ...
This is some good news coming from this court.
Hoorah!!
Dang. How do we get them to take another look at ObamaCommieCare?
I fear they are throwing conservatives a few bones before they legalize gay marriage.
Now get rid of the "save the critter" crap. Reserving millions of acres is insane. Introducing wolves into farm areas is stupid. Too many stupid things going on.
You may be right. One of them was even grumbling about the SCOTUS not being qualified to rule on “moral” issues. Sheesh. Just what the hell are they there for?
Frogs, toads, lizards and bottom fish have more rights than mere U.S. citizens.
Another 5-4 decision.
I’m telling you folks, once Zer0 gets to appoint the next MARXIST to the S.C. this country is OVER!
We either revolt now and take the country back or we can be slaves the rest of our lives. I for one will NOT obey.
F U B O!
Great news...Hopefully this will also apply in some way to EPA land use trumped up rules.
Will want to see how this will hamper the California Coastal Commission. They are the poster boy for this kind of activity.
Can’t with this current slate of judges.
Obama told Roberts that he could throw conservatives a bone.
This case was handled “pro bono” by the Pacific Legal Foundation, who have won other property rights cases before the Supremes, especially in the area of environmental restrictions.
pacificlegal.org
They are also challenging the constitutionality of Obamacare, since Obamacare was defined as a tax. By law taxes must originate in Congress, not the Senate.
An excellent organization. Check them out. Send money.
I was thinking the same thing.
What about being required to pay an $800 “impact fee” to a fire department before being allowed to get a building permit, where owners of older buildings were not required to pay the fee?
Now let’s end the ability of police departments to self fund through civil asset forfeitures.
They hunt invasive species in Florida in the Everglades. The only illegal immigrants that aren’t tolerated, apparently. :>)
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