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

A California homeowner argues a local government’s charge to develop property is an unconstitutional taking of property.

Supreme Court Associate Justice Neil Gorsuch poses for an official portrait at the East Conference Room of the Supreme Court building in Washington, on Oct. 7, 2022. Alex Wong/Getty Images

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.