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
4/17/2024
/ Building Permits ,
Constitutional Challenges ,
Exactions ,
Fees ,
George Sheetz v County of El Dorado ,
Impact Fees ,
Just Compensation ,
Land Developers ,
Land-Use Permits ,
Property Improvements ,
Property Owners ,
Reversal ,
SCOTUS ,
Takings Clause ,
Unconstitutional Condition
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
10/4/2023
/ Building Permits ,
Certiorari ,
Construction Project ,
Exactions ,
Fees ,
Fifth Amendment ,
George Sheetz v County of El Dorado ,
Land-Use Permits ,
Real Estate Development ,
SCOTUS ,
Sufficient Nexus ,
Takings Clause
On Tuesday, the U.S. Supreme Court ruled 5-4 that private utilities may exercise eminent domain to take state-owned property under the Natural Gas Act (NGA). The decision resolved an issue that could have blocked construction...more
7/1/2021
/ Certificate of Public Convenience and Necessity ,
Condemnation ,
Easements ,
Eminent Domain ,
FERC ,
Natural Gas ,
Natural Gas Act ,
PennEast Pipeline Co. v New Jersey ,
Pipelines ,
Right of Way ,
SCOTUS ,
Sovereign Immunity ,
Takings Clause
On February 3, the U.S. Supreme Court granted certiorari in PennEast Pipeline Company, LLC v. New Jersey, a case that could determine whether private gas companies can condemn state-owned property. In this case, a unanimous...more