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Takings Clause › Unconstitutional Condition

Best Best & Krieger LLP

Court of Appeal Upholds Traffic Impact Fee Post-Sheetz: Class-Based Development Fees Can Survive Takings Scrutiny

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The United States Supreme Court’s April 12, 2024 decision in Sheetz v. County of El Dorado unanimously rejected longstanding California precedent. The Court’s decision further solidified that fees imposed as a condition of...more

Ballard Spahr LLP

U.S. Supreme Court Rules in Favor of Property Owner in Exaction Takings Case

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The U.S. Supreme Court last week unanimously held that the Takings Clause of the Constitution prevents legislatures, as well as administrative agencies, from imposing unconstitutional conditions on land-use permits....more

Dorsey & Whitney LLP

The Supreme Court Update - April 12, 2024

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The Supreme Court of the United States issued three decisions today: Sheetz v. County of El Dorado, No. 22-1074: This case involves the “unconstitutional conditions doctrine,” set forth in Nollan v. Cal. Coastal Comm’n,...more

Mintz - Health Care Viewpoints

Mintz IRA Update — Legal Challenges to the Medicare Drug Price Negotiation Program

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As discussed throughout this Update, the implementation of the Medicare Drug Price Negotiation Program (the “Negotiation Program” or “Program”) has been subject to a number of legal challenges. To date, six manufacturers and...more

Hinshaw & Culbertson - Consumer Crossroads

Sixth Circuit Applies Recent SCOTUS Tax-Taking Decision to Affirm an Owner’s Right to Net Tax Lien Foreclosure Proceeds

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We previously reported on the U.S. Supreme Court’s decision, Tyler v. Hennepin County, where the court concluded that the State of Minnesota violated a property owner’s constitutional rights by keeping the excess sale...more

Perkins Coie

Traffic Mitigation Fee Did Not Violate the Unconstitutional Conditions Doctrine Under Nolan and Dolan

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A traffic mitigation fee required for construction of a single-family home did not amount to an “unconstitutional condition” in violation of the takings clause of the Fifth Amendment, and the County complied with the...more

(ACOEL) | American College of Environmental...

Can Standing Trees Be Taken?

(ACOEL) | American College of Environmental... on

A recent Sixth Circuit decision holding unconstitutional a municipal tree ordinance that required mitigation or payment as a condition of tree removal has caused some consternation among municipal lawyers, who foresee the...more

Nossaman LLP

Court Upholds Concept of Rough Proportionality Invalidating Local Measure

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In 1994, the U.S. Supreme Court issued its decision in Dolan v. City of Tigard, 512 U.S. 374, holding that in order for a dedication or exaction to pass constitutional muster, in addition to establishing an “essential nexus”...more

Perkins Coie

Requirement That Proposed Development Mitigate Cumulative Traffic Impacts Violated Nollan/Dolan Standard

Perkins Coie on

An initiative measure that required new development to mitigate not only its individual traffic impacts but also cumulative impacts of other projects on traffic levels of service violated the rough-proportionality standard of...more

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