GOVEROTRAGEOUS: Fifth Amendment violation by “permits

http://www.wnd.com/2012/10/landowner-stands-ground-against-government-shake-down/?cat_orig=politics

WND EXCLUSIVE
Landowner stands ground against government ‘shake-down’
Supremes agree to decide how much regulators can require
Published: 13 October 2012
by Bob Unru

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“But regulators saw a chance to pounce and make all kinds of costly, unrelated, outrageous demands,” he said. “Without any justification, the government demanded money, labor and resources as the price for allowing the Koontzes to use their own land.

“This was a flat-out shakedown, a form of extortion,” he said.

Family members had tried for years to develop the land, but the local St. Johns River Water Management District would not issue the necessary permits, “because Koontz would not agree to costly and unjustified conditions that the district imposed.”

“Specifically, the district demanded that Koontz dedicate his money and labor to make improvements to 50 acres of district-owned property located miles away from the proposed project,” the legal team explained.

“In other words, what we have here is a classic case of an unconstitutional shakedown. The U.S. Supreme Supreme Court has ruled that the government violates property rights – it commits a ‘taking‘ in violation of the Fifth Amendment – if it tries to use the permitting process to extract conditions that aren’t related to the impact of the proposed development.”

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# – # – # – # – #   

“But regulators saw a chance to pounce and make all kinds of costly, unrelated, outrageous demands,” he said. “Without any justification, the government demanded money, labor and resources as the price for allowing the Koontzes to use their own land.
“This was a flat-out shakedown, a form of extortion,” he said.
Family members had tried for years to develop the land, but the local St. Johns River Water Management District would not issue the necessary permits, “because Koontz would not agree to costly and unjustified conditions that the district imposed.”
“Specifically, the district demanded that Koontz dedicate his money and labor to make improvements to 50 acres of district-owned property located miles away from the proposed project,” the legal team explained.
“In other words, what we have here is a classic case of an unconstitutional shakedown. The U.S. Supreme Supreme Court has ruled that the government violates property rights – it commits a ‘taking ‘ in violation of the Fifth Amendment – if it tries to use the permitting process to extract conditions that aren’t related to the impact of the proposed development.”

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