Constitutional Law
Apr. 15, 2024
Supreme Court: Legislated permit fees not exempt from Takings Clause
Permit fees dispute will be settled by California courts, lawyers say
The U.S. Supreme Court unanimously held in a major property rights case that the Takings Clause of the Fifth Amendment applies to permit fees applied under legislation, reversing a decision by the California Court of Appeal.
The narrow nature of the ruling in Sheetz v County of El Dorado, and the remanding of key questions to the 3rd District Court of Appeal in Sacramento, has led to disagreement over what its broader implications, for bot...