U.S. Supreme Court: California's Impact Fees May Violate Takings Clause

A California property owner took El Dorado County to state court after paying a traffic impact fee he felt was exorbitant. He lost in trial court, appellate court, and the California Supreme Court denied review. Then the U.S. Supreme Court acted.

3 minute read

April 18, 2024, 11:00 AM PDT

By Irvin Dawid


Workers putting down asphalt on road.

spiritofamerica / Adobe Stock

In a 9-0 court decision on April 12, the U.S. Supreme Court "ruled that developers and home builders in California may challenge the fees commonly imposed by cities and counties to pay for new roads, schools, sewers and other public improvements," reported David G. Savage for the Los Angeles Times on April 12.

[Related: "California Impact Fees Reach Supreme Court," October 4, 2023]

Background

"The case arose when property owner George Sheetz sought a permit to put a manufactured home on a lot he owned in Placerville, outside Sacramento. El Dorado County required him to pay a “traffic impact mitigation” fee to obtain the permit," adds Savage. The fee was $23,420.

Some of the money was to go toward upgrades to Highway 50, which runs through the area, but most was to go toward new or expanded roads in the county.

At issue is how to view impact fees, "payments required by local governments of new development for the purpose of providing new or expanded public capital facilities required to serve that development," according to an American Planning Association policy guide ratified in  April 1997, and their relationship with the Takings Clause of the Fifth Amendment of the U.S. Constitution.

Can impact fees be considered a "taking" if inappropriately applied?

Savage continues:

Writing for the court in Friday’s ruling [pdf], conservative Justice Amy Coney Barrett said that “there is no basis for affording property rights less protection in the hands of legislators than administrators. The Takings Clause applies equally to both — which means that it prohibits legislatures and agencies alike from imposing unconstitutional conditions on land-use permits.”

JD Supra, a leading resource for law firms, explained the ruling in similar terms in the first paragraph of their summary of the decision:

On April 12, 2024, the United States Supreme Court decided Sheetz v. El Dorado County, No. 22-1074, holding that the Takings Clause “does not distinguish between legislative and administrative permit conditions,” but instead “prohibits legislatures and agencies alike from imposing unconstitutional conditions on land-use permits.” 

The article adds that Sheetz paid the fee but claimed that it "constituted an unlawful 'exaction' of money in violation of the Takings Clause."

Yes, California's impact fees have been shown to be excessive, according to a related post:

What's needed?

Savage of the the Times spoke with state Sen. Scott Wiener ( D-San Francisco), author some of the state's most far-reaching housing legislation, regarding the decision.

“Ultimately, the solution is the same today as it was yesterday,” Wiener said. “The California Legislature needs to put in place an actual structure for impact fees. Right now, it’s all over the map.”

As for Mr. Sheetz, it's back to state court, as Justice Barrett directed at the end of the majority opinion:

The judgment of the California Court of Appeal is vacated, and the case is remanded for further proceedings not inconsistent with this opinion.

It is so ordered.

Additional reading, related posts:

Friday, April 12, 2024 in Los Angeles Times

Young Professional

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching. Mary G., Urban and Environmental Planner

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching.

Mary G., Urban and Environmental Planner

Get top-rated, practical training for planners

"Planetizen federal action tracker" logo superimposed over black and white image of US Capitol dome.

Planetizen Federal Action Tracker

A weekly monitor of how Trump’s orders and actions are impacting planners and planning in America.

October 28, 2026 - Zachary Whalen

A car drives through a puddle, making a large splash. Rain pours down.

California plans to bury El Niño’s downpour

If the state plays its cards right, it may be able to store a billion acre-feet of El Niño’s water in aquifers.

October 28, 2026 - Grist

A pencil rendering of Foundry Park, which shows skyscrapers and public green spaces.

Chicago breaks ground on $3 billion megadevelopment

The new neighborhood, titled Foundry Park, will one day host 3,700 residences.

October 23, 2026 - Chicago Sun Times

A swamp in South Carolina with tall pale trees and Spanish moss in the water.

Satanic Place Names

From streams and lakes to valleys and canyons, I mapped more than 1,000 places named after the Devil.

6 hours ago - The Daily Yonder

A rendering of a high speed rain station in California, with wide platforms and a sleep train with yellow highlights.

California High-Speed Rail Authority CEO resigns after $600,000 scandal

Under Ian Choudri, the authority used taxpayer dollars to fund first class flights and trips to nightclubs.

October 30 - Cal Matters

 A bridge stretches across the Missouri River at Chamberlain, South Dakota.

Want to study the Missouri River? Soon, you may need unanimous approval from 10 states

Legislation would require 10 governors’ permission to study or build projects moving water outside the basin.

October 30 - South Dakota Searchlight