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Fifth Amendment › Mitigation

Allen Matkins

Court Holds That County’s Traffic Mitigation Fee Was Valid Under the California Mitigation Fee Act and Did Not Violate the Takings...

Allen Matkins on

California’s Court of Appeal for the Third District recently held that El Dorado County’s imposition of a Traffic Impact Mitigation Fee (TIM) as a condition of approval for a residential building permit was valid under the...more

Perkins Coie

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

Perkins Coie on

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

Mitchell, Williams, Selig, Gates & Woodyard,...

Soil Excavation/Borrow Material: Federal Appellate Court Addresses Challenge to U.S. Corps of Engineers Mitigation Requirements

Mitchell, Williams, Selig, Gates & Woodyard,... on

The United States Court of Appeals for the Fifth Circuit (“5th Circuit”) addressed in a July 11th opinion a challenge to mitigation requirements imposed by the United States Corps of Engineers (“Corps”) as a condition for...more

Manatt, Phelps & Phillips, LLP

Real Estate and Land Use - March 2015

Manatt, Phelps & Phillips, LLP on

Be Careful What You Agree To (City of San Marcos v. Loma San Marcos, LLC) - Why It matters: The Court of Appeal affirmed the trial court decision upholding an agreement between the City of San Marcos and a property owner...more

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