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Fees Fifth Amendment

ArentFox Schiff

Supreme Court Could Open the Door to “Regulatory Takings” Challenges to Regulations

ArentFox Schiff on

The US Supreme Court has announced it will evaluate whether “impact fees” associated with permits can violate the Fifth Amendment to the US Constitution. At stake is the determination of when, how, and under what...more

Ballard Spahr LLP

Supreme Court Case Will Clarify Constitutionality of Permit Exaction Fees

Ballard Spahr LLP on

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

Allen Matkins

Court Holds That County’s Traffic Mitigation Fee Was Valid Under the California Mitigation Fee Act and Did Not Violate the Takings...

Allen Matkins on

California’s Court of Appeal for the Third District recently held that El Dorado County’s imposition of a Traffic Impact Mitigation Fee (TIM) as a condition of approval for a residential building permit was valid under the...more

Perkins Coie

Traffic Mitigation Fee Did Not Violate the Unconstitutional Conditions Doctrine Under Nolan and Dolan

Perkins Coie on

A traffic mitigation fee required for construction of a single-family home did not amount to an “unconstitutional condition” in violation of the takings clause of the Fifth Amendment, and the County complied with the...more

Nossaman LLP

Martin's Beach - The Public Taking that Almost Was, and Still May Be

Nossaman LLP on

The Fifth Amendment to the U.S. Constitution states: “nor shall private property be taken for public use, without just compensation.” The California Constitution contains a similar provision. Reading these constitutional...more

Morrison & Foerster LLP - Social Media

Status Updates - November 2014

..Cuffed links. The Spanish parliament has passed what is commonly known as the “Google tax,” although it’s technically not a tax and doesn’t apply solely to Google. Rather, it’s an intellectual property law requiring online...more

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