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
The Township of Canton, Michigan, like many local governments, requires property owners who remove trees of a certain size to either replace those trees or pay into a fund for the planting of new trees. The Sixth Circuit...more
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
A class-action lawsuit filed in the Eastern District of Pennsylvania late last week alleges that Governor Wolf’s orders closing non-life sustaining business constitute a taking requiring just compensation under the Fifth...more
3/31/2020
/ Business Closures ,
Class Action ,
Coronavirus/COVID-19 ,
Due Process ,
Emergency Management Plans ,
Eminent Domain ,
Executive Orders ,
Fifth Amendment ,
Operators of Essential Services ,
State and Local Government ,
Takings Clause