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Supreme Court Rules On High Building Permit Fees In California Case

By Matthias Dathan
|
April 15, 2024

In a unanimous decision, the U.S. Supreme Court declared that fees imposed by governments must correlate directly with the impacts they intend to mitigate.

The ruling mandates that charges like building permit fees should not exceed the actual damages to the public incurred by developments, as Fox News reports.

George Sheetz, a retiree from the construction industry, purchased a vacant lot in 2016 in El Dorado County, California, with plans to build his dream retirement home. Located near picturesque Lake Tahoe, the lot represented a peaceful retreat for Sheetz after 50 years in the construction business.

However, Sheetz's plans hit a roadblock when he was informed that a building permit for his new home would cost him over $23,000 due to a "traffic impact mitigation" fee. Established by the county legislature to fund necessary road work, this fee soon became a point of contention.

Feeling extorted by what he perceived as an unreasonable fee, Sheetz decided to challenge the county's demand, bringing his case to the courts.

Supreme Court Rejects Lower Courts' Support of High Fees

Initially, the lower courts sided with El Dorado County, upholding the fee as a legitimate exercise of governmental power. However, the case escalated to the Supreme Court, where the justices saw things differently.

The Supreme Court's review focused on the application of the Takings Clause, which traditionally protects property owners from governmental overreach. They concluded that fees imposed by legislative or administrative bodies must be strictly proportional to the damage they seek to offset.

Justice Amy Coney Barrett emphasized the importance of safeguarding property rights consistently, irrespective of whether the actor is a legislator or an administrator.

Reaction to the Supreme Court's Decision

The Supreme Court's decision was met with widespread approval among property rights advocates. Paul Beard, Sheetz's attorney, expressed his satisfaction, labeling the county's high fees as a form of "extortion." He praised the Court for upholding the Fifth Amendment, which prohibits the taking of private property without fair compensation.

Sheetz shared his frustration with the original fee, explaining how it sparked his determination to fight against what he considered to be an unjust demand by the county.

On the other hand, El Dorado County's response, through Deputy Chief Administrative Officer Carla Hass, was notably mixed. While they were disappointed with the ruling, they expressed readiness to defend their position in future legal challenges, noting that the decision did not preclude the imposition of reasonable fees under traditional land-use authority.

Legal Implications and Next Steps

The case is now set to return to a lower court to assess whether the imposed fee aligns with the unconstitutional conditions doctrine, focusing particularly on the proportionality of the fee relative to the actual damage caused by the development.

This legal doctrine requires that conditions placed on property use must not be excessive in relation to the public harm that the regulation seeks to prevent.

This landmark decision could reshape how local governments across the United States assess and justify the fees they levy on developments, potentially leading to more equitable treatment of property owners.

Conclusion: A Landmark Decision for Property Owners

In summary, the Supreme Court's unanimous decision sets a significant precedent for the assessment of fees by local governments, ensuring they are directly tied to the actual impacts of proposed developments.

George Sheetz's victory marks a pivotal moment in the protection of property rights, challenging the conventional approach to development fees and reinforcing the constitutional safeguard against uncompensated takings.

The outcome of this case promises to influence future cases and local government policies regarding the imposition of building permits and other related fees.