Real Estate Developer Rights When Cities Demand Too Much
How To Be A Project Advocate By Diffusing Adjacent Neighbor Tensions
The Assembly Select Committee on Permitting Reform held its first hearing on June 18, 2024, commencing its efforts to address California’s housing and climate crises by reforming the state’s land use permitting regime....more
Introduction - On March 29, 2024, the First District Court of Appeal issued its partially published opinion in the case of Vichy Springs Resort, Inc. v. City of Ukiah (2024) 101 Cal.App.5th 46....more
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
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
Governor Tim Walz recently signed the Minnesota Energy Infrastructure Permitting Act and amendments to the certificate of need requirements (Permitting Act). The Permitting Act includes significant reforms to streamline...more
On July 20, 2023, the Ohio Power Siting Board (Board or OPSB) issued its determination on a comprehensive set of proposed revisions to the rules governing the procedures before the OPSB and its siting criteria. The Order...more
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
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
On April 12, 2024, Justice Amy Coney Barrett delivered the U.S. Supreme Court's opinion in Sheetz v. County of El Dorado, California, 601 U.S. 267, 144 S. Ct. 893 (2024). Sheetz concerned El Dorado County's imposition of...more
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
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
The government has published updated documentation under the Building Regulations 2010 confirming that new residential buildings in England, which are 18 metres or more in height, will be required to have a second staircase....more
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
Porter v. Bd. of Appeal of Bos., No. 22-P-974, 2024 WL 187241 (Mass. App. Ct. Jan. 18, 2024). The case of Porter v. Bd. of Appeal of Boston is the latest case that involves an eternal question posed by developers: how...more
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
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
Porter v. Bd. of Appeal of Bos., No. 22-P-974, 2024 WL 187241 (Mass. App. Ct. Jan. 18, 2024). The case of Porter v. Bd. of Appeal of Boston is the latest case that involves an eternal question posed by developers: how does...more
Griffin v. Melrose MA Plan. Bd., No. 23 MISC 000277 (KTS), 2024 WL 146450 (Mass. Land Ct. Jan. 12, 2024) - In Griffin v. Melrose MA Plan. Bd., pro se plaintiff David Griffin (“Griffin”) appealed a decision of the Melrose...more
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
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
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
It is rare for the Supreme Court to decide cases involving the Constitution’s Takings Clause, and, indeed, not uncommon for the Court to go years without considering the Clause at all; so, when the Court issues two decisions...more
In our latest roundup, Airbnb advocates for new short-term rental rules, the U.S. Supreme Court rules on hefty development fees, loan losses becomes greater issue for banks, and more!...more
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
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