News & Analysis as of October 31, 2024

Fifth Amendment

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The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term. The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -

The United States Supreme Court Determines There Is No Distinction Between Legislative and Administrative Takings

Stoel Rives - Ahead of Schedule on 5/29/2024

In a typical permitting process, the local government may place certain conditions on issuing a building permit to further a legitimate public purpose. While the local government has “substantial authority to regulate land...more

U.S. Supreme Court Revisits the Right of Local Government to Exact Permit Conditions from Developers

Cozen O'Connor on 4/30/2024

The U.S. Supreme Court (SCOTUS) has again rejected a state's narrow interpretation of the constitutional limits on government's ability to impose development conditions. A unanimous SCOTUS ruled on April 12 in favor of the...more

What the Sheetz: Where California Development Impact Fees Stand Following Recent Supreme Court Decision

Sheppard Mullin Richter & Hampton LLP on 4/23/2024

Undoubtedly, development impact fees (DIFs) can make or break the pro forma of any development project. Until this month, developers hoping to challenge the assessment of project-related DIFs were often limited in the causes...more

Supreme Court Leaves the Sheetz Out In Takings Case

Rosenberg Martin Greenberg LLP on 4/19/2024

When the government wants to take private property for a public project, it must compensate the owner at fair market value. The just compensation concept comes from the Fifth Amendment’s Takings Clause, which provides: “nor...more

State Inverse Condemnation Remedy Sufficient To Vindicate Constitutional Rights

Nossaman LLP on 4/18/2024

Dodge, duck, dip, dive, and… dodge. An interesting case from the United States Supreme Court yesterday. Interesting because of what it says, and interesting because of what it very explicitly declined to say....more

U.S. Supreme Court: Legislative Impact Fees Can Be Unconstitutional Exactions Too

Otten Johnson Robinson Neff + Ragonetti PC on 4/18/2024

Last week, the United States Supreme Court issued its opinion in Sheetz v. County of El Dorado, California, in which the Court held that for the purpose of a takings claim there is no distinction in whether permit conditions...more

U.S. Supreme Court: Takings Clause Applies to Impact Fees on New Development

Brownstein Hyatt Farber Schreck on 4/18/2024

The Sheetz v. County of El Dorado decision will create uncertainty in California, Arizona, Nevada, Colorado and many other states as cities, counties, developers and property owners reexamine whether existing impact fee...more

SCOTUS Rules for Landowner in Fifth Amendment Takings Clause Case

Venable LLP on 4/18/2024

In a unanimous decision, the Supreme Court of the United States (SCOTUS) held that the Fifth Amendment's Takings Clause does not distinguish between legislative and administrative land‑use permit conditions. Building permit...more

Supreme Court Sets Stage for Widespread Challenges to Real Estate Development Impact Fees

Holland & Knight LLP on 4/17/2024

The U.S. Supreme Court ruled on April 12, 2024, that the "Takings Clause" enshrined in the Fifth Amendment of the U.S. Constitution applies equally to legislative and administratively imposed land use permitting fees. Since...more

Supreme Court Concludes the Takings Clause Applies to Legislative Fee Enactments

Schwabe, Williamson & Wyatt PC on 4/17/2024

On April 12, the United States Supreme Court issued its opinion in Sheetz v. Cnty. Of El Dorado, California, 22-1074 (U.S. Apr. 12, 2024) and unanimously held that legislative actions can still be unconstitutional exactions...more

Supreme Court Narrows Local Governments’ Ability to Impose Impact Fees – A Potential Sea Change for California

Allen Matkins on 4/16/2024

On April 12, 2024, the Supreme Court of the United States issued its much-anticipated ruling in Sheetz v. County of El Dorado, U.S. No. 22-1074 (petition for certiorari granted 9/29/23) (Sheetz). The case concerned the...more

Supreme Court Could Open the Door to “Regulatory Takings” Challenges to Regulations

ArentFox Schiff on 10/26/2023

The US Supreme Court has announced it will evaluate whether “impact fees” associated with permits can violate the Fifth Amendment to the US Constitution. At stake is the determination of when, how, and under what...more

Corporate Consent Jurisdiction and the Supreme Court's Landmark Mallory Decision

BakerHostetler on 7/18/2023

The Supreme Court has significantly expanded the possible grounds for personal jurisdiction against corporations, upholding Pennsylvania’s statute requiring foreign businesses registered in the Commonwealth to consent to...more

A Big Day for the Little Guy – SCOTUS Today

Epstein Becker & Green on 5/26/2023

With essential unanimity, though with an array of concurrences in one of them, the Supreme Court ruled against government parties in three cases, two of them in favor of homeowners, and in property rights and environmental...more

Supreme Court Considers Native American Preferences and Classifications

Jenner & Block on 12/12/2022

This month, the US Supreme Court heard oral argument in Brackeen v. Haaland, a case concerning the constitutionality of the federal Indian Child Welfare Act (ICWA). The challengers—individuals who sought to adopt Indian...more

Challenging the Constitutionality of the FTC’s Fundamental Structure/Processes

Stevens & Lee on 10/25/2022

Supreme Court to Hear Oral Arguments in Axon Enterprises- With the October 2022 term of the U.S. Supreme Court (“Court”) now underway, health care providers and others in the health care industry contemplating merger and...more

The Administrative State Under Attack: Potentially Far Reaching Implications of Supreme Court’s Decision to Hear Challenge to FTC...

Proskauer - Minding Your Business on 2/7/2022

In 1984, the Supreme Court ruled unanimously that courts must defer to an administrative agency’s reasonable interpretation of an ambiguous statute. But last year, the Supreme Court stripped the FTC of its ability to seek...more

Cedar Point Nursery v. Hassid – A Labor Law Case That Could Affect Eviction Moratoriums

Whitman Legal Solutions, LLC on 9/20/2021

Like music, real estate isn’t just one thing. It’s a combination of many rights. This article discusses the bundle of rights that comprise real estate, how the United States Supreme Court’s June 23, 2021 ruling Cedar Point...more

SCOTUS to Consider Whether California Unconstitutionally “Takes” Private Property When It Compels Agricultural Employers to Grant...

Sheppard Mullin Richter & Hampton LLP on 11/20/2020

When it comes to whether unions have a right to enter an employer’s premises over the employer’s objections, California’s law is the polar opposite of the National Labor Relations Act (NLRA) and the law in most other states....more

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Supreme Court of the United States › Constitutional Challenges › Fifth Amendment

The United States Supreme Court Determines There Is No Distinction Between Legislative and Administrative Takings

U.S. Supreme Court Revisits the Right of Local Government to Exact Permit Conditions from Developers

What the Sheetz: Where California Development Impact Fees Stand Following Recent Supreme Court Decision

Supreme Court Leaves the Sheetz Out In Takings Case

State Inverse Condemnation Remedy Sufficient To Vindicate Constitutional Rights

U.S. Supreme Court: Legislative Impact Fees Can Be Unconstitutional Exactions Too

U.S. Supreme Court: Takings Clause Applies to Impact Fees on New Development

SCOTUS Rules for Landowner in Fifth Amendment Takings Clause Case

Supreme Court Sets Stage for Widespread Challenges to Real Estate Development Impact Fees

Supreme Court Concludes the Takings Clause Applies to Legislative Fee Enactments

Supreme Court Narrows Local Governments’ Ability to Impose Impact Fees – A Potential Sea Change for California

Supreme Court Could Open the Door to “Regulatory Takings” Challenges to Regulations

Corporate Consent Jurisdiction and the Supreme Court's Landmark Mallory Decision

A Big Day for the Little Guy – SCOTUS Today

Supreme Court Considers Native American Preferences and Classifications

Challenging the Constitutionality of the FTC’s Fundamental Structure/Processes

The Administrative State Under Attack: Potentially Far Reaching Implications of Supreme Court’s Decision to Hear Challenge to FTC...

Cedar Point Nursery v. Hassid – A Labor Law Case That Could Affect Eviction Moratoriums

SCOTUS to Consider Whether California Unconstitutionally “Takes” Private Property When It Compels Agricultural Employers to Grant...

Arthrex Files Certiorari Petition in Arthrex case

Supreme Court Takes Pass on Considering IPR Constitutionality

Supreme Court Denies Cert on 5th Amendment Constitutionality of Subjecting Pre-AIA Patents to IPR

Unprecedented: COVID-19 Litigation Trends - Issue 6

The U.S. Supreme Court Sides with PA on the Shutdown Showdown—for Now

Challenges to Shutdown Orders Reach the U.S. Supreme Court

Supreme Court of the United States › Constitutional Challenges › Fifth Amendment

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