Recent Posts by mdcprbuilder

TWO SUPREME COURT RULINGS

Two Supreme Court rulings have recently signaled a turning of the tide against government overreach and abuse of individuals constitutional property rights.  In the case of Sackett v. Environmental Protection Agency the Supreme Court found that the federal government through the EPA had given its’ employees nearly unfettered authority to violate individual’s property rights.  The SackettCourt found that simply because the EPA might issue a compliance order to a property owner, that is not the end of the line; that even such compliance orders are subject to further review by our court system. In the case of Koontz v. St. Johns Water Management District, the Supreme Court...
Read moreNo comments

SACKETT V. ENVIRONMENTAL PROTECTION AGENCY

Facts:  The Sacketts were owners of a residential lot which contained navigable waters.  In preparation to build a home on their property, the Sacketts filled in part of their lot with dirt and rock.  A few months after the Sacketts had filled part of their lot, they received a compliance order from the Environmental Protection Agency (EPA).  The compliance order stated that the Sacketts’ property contained jurisdictional wetlands, although no mention was ever made of wetlands on the Sacketts’ deed or any other document associated with their property.  The order further ordered the Sacketts to “immediately undertake activities to restore the...
Read moreNo comments

KOONTZ V. ST. JOHNS RIVER WATER MANAGEMENT DISTRICT

Facts: Mr. Koontz wanted to build a commercial building on a portion of his property which contained jurisdictional wetlands. In order to remain compliant with all permitting requirements of the State of Florida, Mr. Koontz offered mitigation plans to grant a conservation easement on ¾ of the property to the state. However, the State would only grant Mr. Koontz the proper permits under 2 conditions; (1) Mr. Koontz must reduce the size of his proposed development AND deed to the water management an conservation easement on the entire property save for where the structure was constructed OR (2) Mr. Koontz...
Read moreNo comments

Recent Comments by mdcprbuilder

    No comments by mdcprbuilder yet.