Supreme Court Asked to Limit Local Government Power Over Development Impact Fees

Published on January 9, 2024

The Supreme Court should curb the power of governments to use the permitting process to force property owners to pay large development fees, the court heard on Jan. 9. In the case, homeowner George Sheetz is suing El Dorado County, California, claiming the county violated his rights under the Fifth Amendment’s takings clause and the 14th Amendment. The Fifth Amendment states that “private property [shall not] be taken for public use, without just compensation.” The 14th Amendment states that no state shall “deprive any person of life, liberty, or property, without due process of law.” In 2016, Mr. Sheetz purchased a vacant lot, intending to build a small, manufactured home in which he and his wife would live in retirement. But when he sought a building permit from the county, he was told he would have to pay a so-called traffic impact fee of $23,420....

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