Takings and Mitigation

This digest provides updated legal research regarding the legal standard for exactions, including the impact of the 2013 Koontz v. St. John’s River Water Management District decision on the ability of state transportation agencies and other permitting agencies to advance public policy goals (e.g., traffic flow management, public safety, and environmental mitigation) in the land-use permitting and project development processes. The digest is also intended to clarify for state transportation agencies and other permitting agencies, to the extent possible, the point at which such exactions become unconstitutional takings and the application of the essential nexus test to both on-site and off-site exactions, to address impacts to the highway system and environmental system impacts.


  • English

Media Info

  • Media Type: Print
  • Features: Appendices; References;
  • Pagination: 36p
  • Serial:
  • Publication flags:

    Open Access (libre)

Subject/Index Terms

Filing Info

  • Accession Number: 01597320
  • Record Type: Publication
  • ISBN: 9780309375368
  • Report/Paper Numbers: NCHRP Project 20-06, Topic 21-03
  • Files: TRIS, TRB, ATRI
  • Created Date: Apr 26 2016 10:37AM