The question
Whether the Takings Clause tests set out in Nollan and Dolan apply to permit conditions imposed by legislation, or only to conditions imposed on an ad hoc basis by administrators.
Sheetz v. El Dorado County
What the Court decided
The Court vacated the California Court of Appeal's judgment and remanded. It held that the Takings Clause does not distinguish between legislative and administrative land-use permit conditions. The lower courts had ruled against Sheetz on the ground that the Nollan and Dolan tests reach only permit conditions imposed ad hoc by administrators, not fees imposed on a class of property owners by legislation. The Court rejected that distinction, holding that the same constitutional analysis governs both.
How the justices split
UnanimousThe Court's opinion
Barrett, joined by Roberts, Thomas, Alito, Sotomayor, Kagan, Gorsuch, Kavanaugh, Jackson
The Takings Clause requires just compensation when the government takes private property, and it prevents the government from using the permitting process to exact property without paying for it. Under Nollan and Dolan, permit conditions must have an essential nexus to the government's land-use interest and rough proportionality to the development's impact. Nothing in these principles turns on whether the condition is imposed by an administrator or by legislation, so the Nollan and Dolan tests apply to legislative permit conditions as well.
Concurring
Sotomayor, joined by Jackson
Filed a concurring opinion joined by Jackson.
Concurring
Gorsuch, writing alone
Filed a concurring opinion.
Concurring
Kavanaugh, joined by Kagan, Jackson
Filed a concurring opinion joined by Kagan and Jackson.
How we know · 5 sourced claims
The Court held that the Takings Clause does not distinguish between legislative and administrative land-use permit conditions.
Source: syllabus, Held
Barrett delivered the opinion for a unanimous Court.
Source: syllabus, lineup
El Dorado County required Sheetz to pay a $23,420 traffic impact fee as a condition of receiving a residential building permit.
Source: syllabus, Held
Sotomayor, Gorsuch, and Kavanaugh each filed a concurring opinion, with Jackson joining Sotomayor's and Kagan and Jackson joining Kavanaugh's.
Source: syllabus, lineup
Under Nollan and Dolan, permit conditions must have an essential nexus to the government's land-use interest and rough proportionality to the development's impact.
Source: syllabus, Held