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Perspective

Jul. 2, 2013

Did the US high court's 'takings' ruling open or close loopholes?

In a 5-4 decision, the U.S. Supreme Court found that a governmental denial of a permit to build on wetlands property could constitute a taking under the Fifth Amendment. By Kendall H. MacVey


By Kendall H. MacVey


In a 5-4 decision, the U.S. Supreme Court found that a governmental denial of a permit to build on wetlands property could constitute a taking under the Fifth Amendment.


According to the court's opinion written by Justice Samuel Alito, the decision in Koontz v. St. Johns River Water Management District, 2013 DJDAR 8221 (2013), merely closes loopholes under existing constitutional takings law. According to the dissent aut...

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