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No. 22-1074October Term 2023Decided Apr 12, 2024

Docket 22-1074October Term 2023 (2023–2024)

Sheetz v. El Dorado County

The Supreme Court unanimously ruled that the Takings Clause of the Fifth Amendment applies equally to land-use permit conditions imposed by legislatures as it does to those imposed by administrative agencies.

Case status

Current stage
Decided
Latest event
Decision released Apr 12, 2024
Case AcceptedSep 29, 2023
Arguments HeardJan 9, 2024
Decision ReleasedApr 12, 2024
What it's about

The Supreme Court unanimously ruled that the Takings Clause of the Fifth Amendment applies equally to land-use permit conditions imposed by legislatures as it does to those imposed by administrative agencies. The decision clarifies that legislative exactions, such as monetary fees for building permits, are subject to the same constitutional scrutiny regarding nexus and proportionality as administrative decisions.

Question presented

Is a monetary exaction imposed by a local government as a condition for a building permit exempt from the “essential nexus” and “rough proportionality” requirements established in Nollan v. Cal. Coastal Comm’n and Dolan v. City of Tigard , simply because the exaction is authorized by local legislation?

Case path

State appellate court / Decision released Apr 12, 2024

Area

Decided Supreme Court case