News & Analysis as of

Real Estate Development Takings Clause

Nossaman LLP

Inverse Condemnation Liability Does Not Extend to Failure to Prevent Actions of Another Party

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Can a public entity be held liable for inverse condemnation when it fails to prevent another party from causing damage to private property?  This one is pretty simple:  the answer is no....more

Miller Starr Regalia

Sheetz v. El Dorado County: Death Knell for Development Fee Programs or Harbinger of Judicial Deference?

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The United States Supreme Court’s most recent Takings case, Sheetz v. El Dorado County, California enunciated a seemingly simple holding, that legislatively-imposed development fees are not, as such, exempt from analysis...more

Nossaman LLP

Development Plans and Permitting Efforts Help Ripen Regulatory Takings Claims

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Investors and developers scour the Southern California real estate market searching for opportunities to buy dated houses that they can demolish and replace with large, modern homes to sell for much more.  A few individuals...more

Nossaman LLP

Development Conditions Requiring Off-Site Property Acquisitions Not Subject to Takings Law?

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We’ve reported in the past that public agencies are more frequently demanding certain off-site public improvements to accommodate proposed private developments as a condition of entitlement approval.  These can range from...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

Polsinelli

SCOTUS Decision May Limit Municipalities’ Ability to Collect Impact Fees

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In April, the Supreme Court held in Sheetz v. County of El Dorado, California that the Takings Clause of the United States Constitution applies to legislative land-use conditions, such as impact fees. This will result in...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

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

Latham & Watkins LLP

US Supreme Court Decision Invites Scrutiny of Legislatively Imposed Impact Fees

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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 Legislatively Adopted Exactions Not Exempt From Nollan/Dolan Scrutiny 

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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

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

Holland & Knight LLP

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

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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

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

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Sheetz v. El Dorado County

On April 12, 2024, the United States Supreme Court decided Sheetz v. El Dorado County, No. 22-1074, holding that the Takings Clause “does not distinguish between legislative and administrative permit conditions,” but instead...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

A Taking or Just a Fee?

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We’ve been closely watching the Sheetz v. County of El Dorado case, which has worked its way up through the California trial and appellate courts all the way to the US Supreme Court.  For a quick refresher, the case concerns...more

Venable LLP

Supreme Court Considers Whether to Expand Constitutional Takings to Legislative Development Fees

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When George Sheetz planned to build an 1800-square-foot manufactured home on his California property, he could hardly have thought his routine permit request would end up at the U.S. Supreme Court. But when the County of El...more

Ballard Spahr LLP

Supreme Court Case Will Clarify Constitutionality of Permit Exaction Fees

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Summary - The Supreme Court of the United States announced that it will hear a Takings Clause case under the Fifth Amendment that will clarify whether permit exaction fees authorized by legislation are exempt from the...more

Allen Matkins

Sustainable Development and Land Use Update - 3.08.23 - #2

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A measure known as the “Builder’s Remedy” added to the state’s Housing Accountability Act in 1990 has suddenly become the focus of developers looking to bypass typical zoning rules and build high-rise apartment projects....more

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