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Fifth Amendment › California Environmental Quality Act

Holland & Knight LLP

Supreme Court Sets Stage for Widespread Challenges to Real Estate Development Impact Fees

Holland & Knight LLP on

The U.S. Supreme Court ruled on April 12, 2024, that the "Takings Clause" enshrined in the Fifth Amendment of the U.S. Constitution applies equally to legislative and administratively imposed land use permitting fees. Since...more

Sheppard Mullin Richter & Hampton LLP

Fall Season Results in California Coastal Commission Victories

Sheppard Mullin Richter & Hampton LLP on

This Fall, the California Coastal Commission (“Commission”) was handed down two significant victories, further cementing its authority and jurisdiction within California coastal zones. These cases demonstrate that, in certain...more

Miller Starr Regalia

City’s Mishandling of CEQA and Resulting Construction Delay Does Not Create Takings Liability

Miller Starr Regalia on

In 2005, in Lingle v. Chevron U.S.A. Inc., the U.S. Supreme Court unanimously overruled the first prong of a regulatory takings test established 25 years earlier, in Agins v. City of Tiburon. ...more

Miller Starr Regalia

Justice Scalia’s Enduring CEQA and Land Use Law Legacy

Miller Starr Regalia on

With the February 13 passing of U.S. Supreme Court Associate Justice Antonin Scalia, American jurisprudence lost an intellectual giant. But Justice Scalia will not be forgotten; the legacy of his life’s work lives on. While...more

Manatt, Phelps & Phillips, LLP

Real Estate and Land Use - March 2015

Manatt, Phelps & Phillips, LLP on

Be Careful What You Agree To (City of San Marcos v. Loma San Marcos, LLC) - Why It matters: The Court of Appeal affirmed the trial court decision upholding an agreement between the City of San Marcos and a property owner...more

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