Commercial Developers Applaud Supreme Court Decision

At APPRO Development, a commercial land developer providing design-build and general contractor services across the midwest, we were intrigued by a recent article titled, “Supreme Court Decision Involving Wetlands Helpful to Developers”, by Cleve and Rye.

“On June 25th, 2013, the Supreme Court of the United States expanded the circumstances under which the government may be liable for overreaching in making demands from a property owner as conditions for a permit approval.” According to a recent summary article relating to this decision, written by Gary A. Van Cleve and Timothy A. Rye, of Larkin Hoffman Daly & Lindgren Ltd., “the court has now clarified…that the government can be held liable for overreaching demands regardless of whether the permit is granted with conditions or denied because the property owner refused to accept the conditions. The court also said…that a condition in the form of a payment of money is subject to scrutiny for potential government overreach.”

This recent ruling should be considered a “win” for land owners, “since it expands the situations where the constitutional tests of nexus and rough proportionality will be applied in determining whether there is government overreach in exacting a price on a property owner as a condition for a permit approval.”

APPRO Development, Inc. has been developing land in the midwest, including North Dakota and Minnesota, since 1987. We have helped land owners navigate the seemingly daunting processes involved in land development, by starting with the creation of a comprehensive schedule for you. If you are a land owner and would like to discuss development options, please Contact Us today.