Health & Fitness
SCOTUS Strikes Down Mitigation Fees
The towns and cities may have a harder time charging developers impact fees.
The US Supreme Court struck down common fees that local governments impose on developers. It looks like impact fees may be on shaky Constitutional grounds because they violate the "Takings" clause of the Fifth Amendment.
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"Two Supreme Court cases, Nollan v. California Coastal Commission, and Dolan v. City of Tigard, set limits on governments’ ability to impair property interests with land use regulations. Under those decisions, there must be a “nexus” and “rough proportionality” between the government’s demand and the effects of the proposed land use."
