News & Analysis as of

Fifth Amendment Property Owners

DarrowEverett LLP

Land Use Challenges Showcase What’s There for the ‘Taking’

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The Fifth Amendment of the U.S. Constitution provides that “No person shall be… deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just...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

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

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

Dorsey & Whitney LLP

The Supreme Court Update - April 17, 2024

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The Supreme Court of the United States issued two decisions on Tuesday, April 16: Rudisill v. McDonough, No. 22-888: This case concerns the interaction between two federal statutes providing up to 36 months of...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

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides DeVillier v. Texas

On April 16, 2024, the U.S. Supreme Court decided DeVillier v. Texas, No. 22-913, holding that owners of property north of U.S. Interstate Highway 10 adversely affected by the flood evacuation barrier constructed by Texas...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

Beveridge & Diamond PC

2024 Litigation Look Ahead Series: In Property Takings Cases, Court Must Strike Careful Balancing Act Between Regulating Land Use,...

B&D is pleased to present the next installment of our 2024 Litigation Look Ahead series. (Read part three covering administrative enforcement issues here.) In this edition, our litigation team examines two Fifth Amendment...more

Allen Matkins

Sustainable Development and Land Use Update 2.22.24

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The city of Berkeley will pay $4 million in connection with its mishandling of an application to build 260 housing units on the old Spenger's parking lot. Alameda County Superior Court Judge Frank Roesch fined Berkeley $2.6...more

Burns & Levinson LLP

Public Access to and Along the Shore – Update

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In Rhode Island, public access advocates, as well as local and state officials, continue efforts to secure access for the public to and along the shore. My August post, “How About a Walk on the Beach,” summarized the history...more

Nossaman LLP

Presentation at Right of Way Consultant’s Council Membership Meeting in Las Vegas

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The Right of Way Consultant’s Council Membership Meeting took place in Downtown Las Vegas on November 3, 2023.  Having previously presented an eminent domain topic at the 2022 Membership Meeting, Steven Silva from Nossaman’s...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

Allen Matkins

U.S. Supreme Court Will Clarify the Constitutionality of Legislatively-Authorized Land Use Exaction Fees

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The United States Supreme Court granted certiorari on September 29, 2023 in Sheetz v. County of El Dorado, a case that challenges the County of El Dorado’s requirement that a property owner pay a Traffic Impact Mitigation Fee...more

Burns & Levinson LLP

How About a Walk on the Beach?

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August. Dog days of summer. And also the best time to take a relaxing stroll along the beach. But where? Public beaches are often still crammed if you can find a place to park. But many of us know of a public access path to...more

Ballard Spahr LLP

Supreme Court Holds Property Owners Can Recover Surpluses From Tax Sales As Unconstitutional Takings

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Summary - In Tyler v. Hennepin County, the U.S. Supreme Court unanimously held that a county’s retention of the excess value of a home in a tax sale violated the Takings Clause of the Fifth Amendment. The decision, which...more

Harris Beach PLLC

U.S. Supreme Court Limits Municipalities from Retaining Excess Value in Tax Foreclosures

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On May 25, 2023, the United States Supreme Court, in Tyler v. Hennepin County, ruled it is unconstitutional for municipalities to unilaterally retain the surplus monies generated from tax lien foreclosure sales. More...more

Epstein Becker & Green

A Big Day for the Little Guy – SCOTUS Today

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With essential unanimity, though with an array of concurrences in one of them, the Supreme Court ruled against government parties in three cases, two of them in favor of homeowners, and in property rights and environmental...more

Nossaman LLP

Summary of Major Eminent Domain Cases & Legislation: June 1, 2022-December 31, 2023

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UNITED STATES UPDATES - California - Today’s IV, Inc. v. Los Angeles County Metropolitan Transportation Authority, 2022 Cal.App. LEXIS 840 (2022 WL 5107251) - Facts: A property owner who owned a hotel in Los...more

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