Supreme Court Rules Legislatively Adopted Exactions Not Exempt From Nollan/Dolan Scrutiny
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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 Clause of the U.S. Constitution applies differently when permit conditions are imposed legislatively rather than administratively.
Sheetz v. County of El Dorado, No. 22-1074 (U.S. Supreme Court, Apr. 12, 2024). Our report on the decision, by Perkins Coie partners Cecily Barclay, Matt Gray and Alan Murphy is available here.
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