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Miller Starr Regalia

Sheetz v. El Dorado County: Death Knell for Development Fee Programs or Harbinger of Judicial Deference?

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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

Nossaman LLP

Development Plans and Permitting Efforts Help Ripen Regulatory Takings Claims

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Investors and developers scour the Southern California real estate market searching for opportunities to buy dated houses that they can demolish and replace with large, modern homes to sell for much more.  A few individuals...more

Lowndes

Osceola County, St. Cloud, and Mt. Dora Propose Massive Increases to Impact Fees

Lowndes on

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

Coblentz Patch Duffy & Bass

Supreme Court Impact Fee Decision Creates Opportunities for Developers and Property Owners

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

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

Downey Brand LLP

U.S. Supreme Court Rules That Legislatively-imposed Permit Conditions Must Satisfy the ‘Essential Nexus’ and ‘Rough...

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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

Cozen O'Connor

U.S. Supreme Court Revisits the Right of Local Government to Exact Permit Conditions from Developers

Cozen O'Connor on

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

Sands Anderson PC

Sheetz v. County of El Dorado: Chipping Away at Elected Officials’ Power Over Development Costs

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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

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

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

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

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

Allen Matkins

Supreme Court Narrows Local Governments’ Ability to Impose Impact Fees – A Potential Sea Change for California

Allen Matkins on

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

Epstein Becker & Green

Unanimity Among Justices Rules the Day - SCOTUS Today

Epstein Becker & Green on

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

Nossaman LLP

Supreme Court Holds that Legislative Impact Fee Programs Can Constitute a Taking

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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

Saiber LLC

SCOTUS Agrees to Hear Case Concerning the Scope of Constitutional Challenges to Land Use Permit Conditions

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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

Farrell Fritz, P.C.

“Grandfathering” By Issuance of Building Permits

Farrell Fritz, P.C. on

Last month, in Cuffaro v Zoning Board of Appeals of the Village of Bellport (Index # 620453/2021), the Suffolk Supreme Court reinforced the existing and binding case law that a municipality’s issuance of a building permit to...more

Venable LLP

Los Angeles Bans Political Contributions by Developers and Property Owners

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A new law took effect in the city of Los Angeles on June 8 that prohibits developers, property owners, and their respective principals from making local political contributions while certain planning applications are pending...more

Goulston & Storrs PC

Law of the Land - Real Estate Litigation Newsletter - August 2020, Volume I, Issue II

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Trending Now: Massachusetts SJC Ruling: Good News for Owners and Developers - The Supreme Judicial Court of Massachusetts issued a written decision in Murchison v. Zoning Board of Appeals of Sherborn, et al. (SJC-12867) on...more

Perkins Coie

School Mitigation Fees May Validly be Imposed on Adult-Only Seasonal Farmworker Housing

Perkins Coie on

When imposing a school impact fee on residential development, a district need not separately analyze particular subtypes of projects; the authorizing statutes simply require a reasonable relationship between the need for the...more

Nossaman LLP

When Does the California Coastal Act Bar a Takings Challenge?

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In a recent published decision, the California Court of Appeal had the opportunity to address this issue when the property owners of a beachside residence in the City of Los Angeles challenged a setback condition that the...more

Holland & Knight LLP

California Supreme Court Sides with Coastal Commission in Case Challenging Permit Conditions - Ruling Holds That Property Owners...

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In Lynch v. California Coastal Comm'n, __ Cal.5th __, No. S221980, 2017 WL 2871762, 2017 Cal. LEXIS 5054 (Cal. July 6, 2017), the Supreme Court of California held that the owners of bluff-top residences along the California...more

Jackson Walker

Texas Supreme Court Affirms Property Owners' Rights Within the Extraterritorial Jurisdiction

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On May 27, 2016, in Town of Lakewood Village v. Bizios, the Texas Supreme Court held that general law municipalities do not have the authority to enforce building codes within their extraterritorial jurisdictions (ETJs). This...more

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