Turning Koontz Into an Opportunity for More Resilient Communities

摘要

Before the U.S. Supreme Court decided Koontz v. St. Johns River Water Management District, much uncertainty surrounded the decision. Even after the Court released its decision in June 2013, some uncertainty remains. However, it is absolutely clear that the Supreme Court handed down a decision strongly supporting local and state efforts to ensure that the development activities of one person do not harm the community or neighboring properties. The decision will certainly impact future development decisionmak-ing. It compels local and state governments to more closely examine potential harm that may be caused by a development, then carefully craft conditions for that development to mitigate harm in a more open and transparent manner. We view the Court's decision as an opportunity for the "Whole Community"-insurance professionals, emergency managers, community development staff, elected officials, climate adaptation and mitigation specialists, and floodplain managers-to understand the importance of safe development based on the ancient maxim of property law: "use your property so you do not harm others."