Supreme Court to Hear Challenge to Development Impact Fees

Published on November 20, 2023

The Supreme Court will soon hear a California case challenging the power of governments to use the permitting process to force property owners to pay large development fees. The court announced last week that it will hear oral argument in the case, Sheetz v. County of El Dorado (court file 22-1074), on Jan. 9. The homeowner is suing El Dorado County, California, which is near the state’s border with Nevada, claiming the county violated his rights under the Fifth Amendment’s takings clause and the Fourteenth Amendment. The Fifth Amendment states that “private property [shall not] be taken for public use, without just compensation.” The Fourteenth Amendment states that no state shall “deprive any person of life, liberty, or property, without due process of law.”...