Supreme Court Curbs Power of Local Governments to Impose Permitting Fees

The unanimous decision finds a California county’s development fees unconstitutional.

Associate Justice Amy Coney Barrett stands during a group photo of the Justices at the Supreme Court in Washington on April 23, 2021. Erin Schaff/AFP via Getty Images

The Supreme Court ruled unanimously on April 12 that a California county violated a landowner’s rights when it demanded upwards of $23,000 in development impact fees.

The ruling curbs the power of governments to use the permitting process to force property owners to pay large development fees and is one in a series of decisions in recent years by the Court in favor of private property rights.