The Supreme Court says home builders in California may challenge the fees commonly imposed by cities and counties to pay for new infrastructure.
The Supreme Court ruled Friday 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. The justices said these 'impact fees' may be unconstitutional if builders and developers are forced to pay an unfair share of the cost of public projects.
“We are thrilled that the court agreed and put a stop to a blatant attempt to skirt the 5th Amendment’s prohibition against taking private property without just compensation.” The case will now go back to the California courts. Beard said the 'fee must be set aside as an unconstitutional taking, because the county has failed to show — and cannot show — that the fee is sufficiently related and proportionate to the traffic impacts of Mr. Sheetz’s modest home.
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