Wednesday, January 16, 2013

The Takings Clause and Permits

The United States Supreme Court heard oral arguments today in Koontz v. St. Johns River Water Managment District.  A landowner in central Florida sought a permit to develop his property.  The Water Managment district required him to set aside 11 out of his 14.9 acres for conservation and pay for improvements on state owned land several miles away from his property that would have cost between $10,000 and $150,000.  The landowner refused and was denied a permit to develop his property.  He sued claiming that the refusal to issue a permit constituted a taking without just compensation under the 5th Amendment.


http://www.csmonitor.com/USA/Justice/2013/0115/Supreme-Court-hears-oral-arguments-in-Florida-property-rights-case

Transcript of Oral Arguments: http://www.supremecourt.gov/oral_arguments/argument_transcripts/11-1447.pdf

Friday, January 4, 2013

House Speaker Rules

Although nothing unexpected occurred today in the election for Speaker of the House of Representatives, I did learn that apparently you don't have to be a member of the house to be elected Speaker.  It has never happened before and is very unlikely in the future, but the rules do not preclude it.

http://thehill.com/blogs/floor-action/house/275419-boehner-re-elected-speaker-with-some-gop-defections