Real Estate Developer Rights When Cities Demand Too Much
How To Be A Project Advocate By Diffusing Adjacent Neighbor Tensions
The United States Supreme Court’s most recent Takings case, Sheetz v. El Dorado County, California enunciated a seemingly simple holding, that legislatively-imposed development fees are not, as such, exempt from analysis...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
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 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
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
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
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
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
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
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
On April 12, 2024, the United States Supreme Court decided Sheetz v. El Dorado County, No. 22-1074, holding that the Takings Clause “does not distinguish between legislative and administrative permit conditions,” but instead...more
Some commentators claim there are bitter divisions among the Justices, roiling the Court and its processes. Many of the same commentators were critical of the Court’s decision holding that former President Trump was not...more
Today, April 12, 2024, in Sheetz v. County of El Dorado, the U.S. Supreme Court unanimously overruled more than two decades of California precedent, holding that legislatively established development impact fee programs must...more
We’ve been closely watching the Sheetz v. County of El Dorado case, which has worked its way up through the California trial and appellate courts all the way to the US Supreme Court. For a quick refresher, the case concerns...more
The Supreme Court of the United States has agreed to hear Sheetz v. County of El Dorado, California, a case that concerns whether land use permit conditions in the form of monetary exactions created by legislation are...more
The Supreme Court has granted certiorari in George Sheetz v. County of El Dorado, agreeing to answer the question of whether legislatively enacted development impact fees are subject to a lower level of constitutional...more