SCOTUS: Sheetz v. County of El Dorado California - excessive building permit fee

[JayDubya]

TAKEN: California man fights county's $23,000 fee to build on his own land​

A California county told a construction worker he'd have to pay $23,000 to obtain a building permit for a new house, so he sued. Now the Supreme Court will rule on the case.

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Video at link:
https://www.yahoo.com/news/taken-california-man-fights-countys-000956541.html

 

[pmbug]

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The dispute between Sheetz and El Dorado County originates from the county’s refusal to issue a permit for Sheetz to build a manufactured home on his property without first paying a $23,000 traffic impact fee to maintain roads in the area and mitigate the developments potential effect on them. Sheetz paid the fee in protest to continue building but also filed a lawsuit calling the fee a violation of the Takings Clause, which restricts the taking of private property for public use “without just compensation.”

Under decisions in Nollan v. California Coastal Commission and Dolan v. City of Tigard, the court required scrutiny of permit conditions to ensure they did not run afoul of the Constitution. In Nollan, the court created an “essential nexus” test, which required there be an “essential nexus between a legitimate state interest and the permit condition imposed by the government.” In Dolan the court ruled that requirements must be “roughly proportional” to the impact of the development.
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US Supreme Court hears oral arguments in California case challenging building permit fees

The US Supreme Court heard oral arguments Tuesday from a California man challenging a $23,000 traffic impact fee levied in exchange for a building permit. Placerville, California resident George Sheet...

www.jurist.org

 

[Goldhedge]

That's quite ridiculous, but then again it is California....