Supreme Court Decision Could Affect Real Estate Developer Permits

After a recent decision made by the Supreme Court of the United States, denying or attaching conditions to the issuance of a development permit could be equated to taking.

In the Koontz opinion, the Court held that the government’s demand for property and cash from a developer as a condition for the issuance of land use permits must meet a minimum nexus and proportionality with the prospective burden imposed by the development. This could be very impactful in our industry, and it’s possible that it will affect the permitting stage of real estate developments.

Read a summary of the case and its ruling on the Sirote Commercial Real Estate Blog.


Southpace Properties, Inc. is Alabama’s largest independent commercial real estate firm. At Southpace, we add value to the use and ownership of commercial real estate through services such as office, retail, land, warehouse and industrial sales and leasing, tenant and landlord representation, development, consulting, investment sales, property management and construction management. With 12 CCIM designees, Southpace has the state’s highest number of CCIM accredited brokers under one roof.

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