In a dispute over a traffic impact fee imposed on a residential building permit by El Dorado County, the U.S. Supreme Court unanimously rejected the long-standing position of California and other state courts that the Takings...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
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
Twenty years was a reasonable period of time for a public agency to accept a right-of-way dedication offer by physically occupying the property. Prout v. Department of Transportation, 31 Cal. App. 5th 200 (2019). Prout...more
On May 9, 2017, the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) affirmed in part and reversed in part an earlier decision from the U.S. Court of Federal Claims, which had held that aspects of the...more
Last year, my partner Ben Rubin reported on the California Supreme Court’s decision in California Building Industry Association v. City of San Jose, which analyzed an inclusionary housing ordinance and held that such...more
2013 was a banner year for developers under the takings clause, as both the U.S. Supreme Court and California Supreme Court issued decisions expanding the developers’ ability to challenge exactions as unconstitutional. In...more
Many real estate industry professionals are familiar with the government's substantial power and discretion in land-use permitting. Land-use applicants on the verge of lucrative development opportunities find themselves in a...more