"Supreme Court Protects Property Rights in Permit Process Ruling"
Originally Published 1 year ago — by Reason
The Supreme Court unanimously ruled that there is no "legislative exception" to the Takings Clause, rejecting the idea that state and local governments are exempt from Takings Clause liability when imposing land-use exactions through legislation. The decision in Sheetz v. County of El Dorado leaves unresolved the question of whether the fee imposed on the property owner constitutes a taking, remanding it back to the California state courts for consideration. Justices Sotomayor, Kavanaugh, and Gorsuch provided concurring opinions, emphasizing different aspects of the case and potential future disagreements on regulatory exactions takings cases.