Come & Take It: The Eminent Domain Podcast (Episode #13), Featuring Winstead Shareholder Tom Forestier
Eminent Domain: First Principles, Kelo, and In Service of Infrastructure Buildout
#WorkforceWednesday: SCOTUS in Review, Biden Acts to Limit Non-Competes, NY HERO Act Model Safety Plans - Employment Law This Week®
Bar Exam Toolbox Podcast Episode 140: Listen and Learn -- Regulatory Takings
#WorkforceWednesday: Mandatory Vaccination, Tipped Worker Rule, and SCOTUS Rules Against Organized Labor - Employment Law This Week®
More Emerging Litigation Claims and Demands from COVID-19
Real Estate Developer Rights When Cities Demand Too Much
The Koontz Decision: Limits Conditions a Government can Impose on Developers
Supreme Court Hands Landowners a Major Victory - Nossaman's Brad Kuhn
In a decision that may reshape how states administer their unclaimed property statutes, the Tenth Circuit held that property owners can pursue takings claims against the Colorado State Treasurer (Treasurer) without exhausting...more
Is a business temporarily closed by order of the government entitled to compensation? Two groups of plaintiffs have petitioned the U.S. Supreme Court hoping not just for a “yes” but an overhaul of a half-century of regulatory...more
Earlier this month, the U.S. District Court for the Southern District of West Virginia declined to dismiss a Section 1983 challenge against a West Virginia County in Grady v. Wood County. This ruling comes in the wake of the...more
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
The Fifth Amendment of the U.S. Constitution provides that “No person shall be… deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just...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
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
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
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
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 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
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
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
With essential unanimity, though with an array of concurrences in one of them, the Supreme Court ruled against government parties in three cases, two of them in favor of homeowners, and in property rights and environmental...more
The Takings Clause of the U.S. Constitution prohibits the government from depriving an owner of private property for public use without “just compensation.” Governmental action burdening private property does not always...more
Indiana, like every other State, has adopted a Right to Farm Act to “reduce the loss to the state of its agricultural resources by limiting the circumstances under which agricultural operations may be deemed to be a...more
Since the U.S. Supreme Court’s decision in Knick v. Township of Scott (2019) 139 S.Ct. 2162 eliminated the requirement for a plaintiff to exhaust state court remedies before pursuing a takings challenge in federal court,...more
An appellate court has held that the sole means of challenging a certified local coastal program (LCP) based on violation of the California Coastal Act is a petition for writ of administrative mandate under Code of Civil...more
The United States Supreme Court has had numerous opportunities in recent years to address an important and unsettled issue under the Takings Clause: whether heightened scrutiny under Nollan, Dolan, and Koontz applies in cases...more