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U.S. Supreme Court,
Land Use,
Constitutional Law

Oct. 26, 2023

Developers and city planners will be watching this case closely

In September, the U.S. Supreme Court said it will consider expanding the Nollan/Dolan test for exactions on legislatively-imposed fees. The California high court has reasoned that the democratic political process sufficiently restrains legislatures from unconstitutional "extortion" of local landowners, but other jurisdictions disagree.

Petitioner George Sheetz claims that a $23,420 traffic mitigation fee, required by El Dorado County in order to acquire a building permit for his “modest manufactured house,” violates the Fifth Amendment takings clause of the U.S. Constitution. The U.S. Supreme Court recently granted certiorari to review the proper test by which legislatively-adopted permit exactions will be reviewed.

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