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Stoel Rives LLP

From Lien to Clean: Addressing an Expired Lien in the Chain of Title

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One of the most common protections for laborers, contractors, suppliers, and others providing construction services or materials for a project is the right to a lien against the project property for the value of the work...more

Venable LLP

The Shifting Landscape of "Green Building" in Virginia

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Several jurisdictions throughout Virginia, particularly in the northern suburbs of the Washington, DC metropolitan area, are pushing the envelope on green building practices. These efforts come at a time when the development...more

K&L Gates LLP

Overriding Interest Summer 2024

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Welcome to the latest edition of Overriding Interest. Inside this issue: - New Joiners - Articles of Interest - Events - Case Reports...more

Lowndes

Osceola County, St. Cloud, and Mt. Dora Propose Massive Increases to Impact Fees

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Osceola County, City of St. Cloud, and City of Mt. Dora are all set to vote on proposed increases to impact fees that, if approved, will substantially increase the cost of development in these jurisdictions. Below is...more

Coblentz Patch Duffy & Bass

Supreme Court Impact Fee Decision Creates Opportunities for Developers and Property Owners

On April 12, 2024, the United States Supreme Court issued an opinion that may significantly affect how development impact fees are assessed in California. In Sheetz v. County of El Dorado, the Court unanimously held that...more

Stoel Rives -  Ahead of Schedule

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

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

Downey Brand LLP

U.S. Supreme Court Rules That Legislatively-imposed Permit Conditions Must Satisfy the ‘Essential Nexus’ and ‘Rough...

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In a highly-anticipated case revolving around development impact fees, the U.S. Supreme Court unanimously held in Sheetz v. County of El Dorado, 144 S.Ct. 893 (2024) that legislatively-imposed conditions on building permits...more

Cozen O'Connor

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

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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

Sands Anderson PC

Sheetz v. County of El Dorado: Chipping Away at Elected Officials’ Power Over Development Costs

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The US Supreme Court’s decision in Sheetz v. County of El Dorado earlier this month will affect how local governments impose impact fees in the future and who pays certain development costs....more

Sheppard Mullin Richter & Hampton LLP

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

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

Rosenberg Martin Greenberg LLP

Supreme Court Leaves the Sheetz Out In Takings Case

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

Otten Johnson Robinson Neff + Ragonetti PC

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

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

Brownstein Hyatt Farber Schreck

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

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

Venable LLP

SCOTUS Rules for Landowner in Fifth Amendment Takings Clause Case

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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

Schwabe, Williamson & Wyatt PC

Supreme Court Concludes the Takings Clause Applies to Legislative Fee Enactments

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

Allen Matkins

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

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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

Epstein Becker & Green

Unanimity Among Justices Rules the Day - SCOTUS Today

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Some commentators claim there are bitter divisions among the Justices, roiling the Court and its processes. Many of the same commentators were critical of the Court’s decision holding that former President Trump was not...more

Nossaman LLP

Supreme Court Holds that Legislative Impact Fee Programs Can Constitute a Taking

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Today, April 12, 2024, in Sheetz v. County of El Dorado, the U.S. Supreme Court unanimously overruled more than two decades of California precedent, holding that legislatively established development impact fee programs must...more

Ballard Spahr LLP

New Inclusionary Housing Mandates for Baltimore City

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Summary - The Baltimore City Council has passed a new inclusionary housing law which will require most new multifamily, market-rate projects to make at least 10% of their units available to households with limited incomes,...more

Cadwalader, Wickersham & Taft LLP

Building Safety Act 2022: Key Provisions for Property Owners

The Building Safety Act 2022 (the “Act”) ushered in a comprehensive and rigorous building safety regime, particularly affecting certain residential buildings classified as “higher-risk building”....more

Saiber LLC

SCOTUS Agrees to Hear Case Concerning the Scope of Constitutional Challenges to Land Use Permit Conditions

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The Supreme Court of the United States has agreed to hear Sheetz v. County of El Dorado, California, a case that concerns whether land use permit conditions in the form of monetary exactions created by legislation are...more

Robinson & Cole LLP

New Massachusetts DEP Regulations Target Cape Cod Septic Systems

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The Massachusetts Department of Environmental Protection (DEP) has promulgated new regulations intended to reduce nitrogen loading from septic systems in sensitive coastal estuaries and embayments in the Commonwealth, with an...more

Farrell Fritz, P.C.

“Grandfathering” By Issuance of Building Permits

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Last month, in Cuffaro v Zoning Board of Appeals of the Village of Bellport (Index # 620453/2021), the Suffolk Supreme Court reinforced the existing and binding case law that a municipality’s issuance of a building permit to...more

Schwabe, Williamson & Wyatt PC

OP-ED: Design Professional Standard of Care vs. Affordable Housing Needs

A few years ago, at the beginning of the pandemic, I wrote an article about the shifting norms in building design and legal risk for architects and engineers arising from the quickly evolving shifts in building use and public...more

Butler Weihmuller Katz Craig LLP

Florida’s Shortened Statute of Repose for Construction Defect Claims

On April 13, 2023, and as part of other recent tort reform measures implemented in Florida, Governor Ron DeSantis signed Senate Bill 360 into law. This most recent bill makes changes to, among other laws, Florida Statute...more

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