About Max Weirauch

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Legislatively Enacted Development Impact Fees Are Subject to the “Essential Nexus” and “Rough Proportionately” Standards Under the Takings Clause

On April 12, 2024, the U.S. Supreme Court issued its decision in Sheetz v. County of El Dorado, holding that development impact fees established by local legislation are subject to the Nollan/Dolan standards under the Takings Clause. However, the Court declined to establish a test for evaluating the constitutionality of such development impact fees under those standards, leaving many questions unanswered and creating uncertainty for local governments in the creation of development impact fees.

2024-04-17T10:25:52-07:00April 16th, 2024|
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