News & Analysis as of

Takings Clause Dolan v City of Tigard Impact Fees

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

Holland & Knight LLP

Permit Conditions and Impact Fees Subject of Recent U.S. Supreme Court Decision

Holland & Knight LLP on

The U.S. Supreme Court in April 2024 issued a unanimous decision in Sheetz v. County of El Dorado, California (144 S. Ct. 893), concluding that the "Takings Clause" in the Fifth Amendment of the U.S. Constitution applies to...more

Latham & Watkins LLP

US Supreme Court Decision Invites Scrutiny of Legislatively Imposed Impact Fees

Latham & Watkins LLP on

The unanimous opinion holds that development impact fees established through the legislative process are subject to constitutional scrutiny as potential regulatory takings. The Takings Clause of the Fifth Amendment to the...more

Perkins Coie

Supreme Court Rules Legislative Permit Conditions Not Exempt From Nollan/Dolan Scrutiny

Perkins Coie on

In a dispute over a traffic impact fee imposed on a residential building permit by El Dorado County, the U.S. Supreme Court unanimously rejected the long-standing position of California and other state courts that the Takings...more

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

Saiber LLC

SCOTUS Asked to Clarify the Scope of Constitutional Challenges to Land Use Permit Conditions

Saiber LLC on

In Sheetz v. County of El Dorado, California, when George Sheetz sought a building permit to construct a single-family residence, the County of El Dorado agreed to issue the permit with one important condition: he had to pay...more

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