fair impact fees
Fighting Municipality Fee Structure
fair impact fees
Fighting Municipality Fee Structure
April 12th 2024
In a narrow and unanimous opinion on Friday the justices ruled in favor of California homeowner George Sheetz in his challenge to the “traffic impact mitigation fees” he was required to pay to build his home, which he said were unconstitutional. Conditions on building permits should be subject to heightened scrutiny, the court said, even if they were authorized by legislation.
Link to Supreme Court Syllibus
Sheetz v. County of El Dorado, California
Does the Nollan and Dolan standard, which requires the government to show an essential nexus and rough proportionality between a development permit fee and its negative public impact, apply to a blanket legislative regulation that imposes a flat development fee for certain developers?
El Dorado County in California established a Traffic Impact Mitigation fee program. Under the program, the builders of new developments are required to help pay for the cost of building and widening roads, via a flat fee for certain residential developments and a variable fee based on square footage for others. The amount of the fee does
El Dorado County in California established a Traffic Impact Mitigation fee program. Under the program, the builders of new developments are required to help pay for the cost of building and widening roads, via a flat fee for certain residential developments and a variable fee based on square footage for others. The amount of the fee does not depend on the new development’s specific impact on the roads.