Supreme Court's Pending Decision: Analyzing the Exemption of Construction-Permit Fees from Takings Analysis

Debashis

Well-known member
Sep 5, 2023
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Attention to those seeking construction permits or approvals! A significant development demands your attention if you're navigating the landscape of construction permits and approvals. The United States Supreme Court is poised to make a critical decision regarding the constitutionality of a legislatively imposed road construction fee exceeding $23,000, which is mandated for obtaining a building permit.

This matter stems from the case of George Sheetz, who vehemently asserts that the fee he was compelled to pay to construct his manufactured home in Placerville, California, should not be shielded from a takings test solely due to its legislative authorization. Previously, in California, development fees enacted through legislation were not subject to this test. Some lower courts even concurred that permit fees established through legislation were less likely to be unfairly exploited compared to discretionary fees. Nonetheless, this debate has sparked contention and led to disparate decisions across different courts.

Now, the Supreme Court has taken up the mantle with the aim of establishing a uniform precedent on this pivotal issue. For a more comprehensive understanding of this matter, we invite you to peruse the full article available here.
 
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