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Land-Use Permits Rough Proportionality Test Fifth Amendment

Holland & Knight LLP

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

Holland & Knight LLP on

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

Clark Hill PLC

The United States Supreme Court Extends Unconstitutional Exactions for Land-Use Permit Applicants

Clark Hill PLC on

Many real estate industry professionals are familiar with the government's substantial power and discretion in land-use permitting. Land-use applicants on the verge of lucrative development opportunities find themselves in a...more

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