
By Ron Reynolds, Hilger Hammond and Peter H. Webster, Dickinson Wright
Yet another significant eminent domain case was issued by the U.S. Supreme Court in April 2024 in Sheetz v El Dorado County. George Sheetz wanted to build a modest manufactured home on his property. As a condition to build the home, a local ordinance required Mr. Sheetz to pay a $23,420 traffic impact fee determined by a preset ordinance schedule before he could get a building permit. Sheetz paid the fee and also challenged the fee’s constitutionality under the Fifth Amendment Taking Clause. Sheetz argued that the courts should apply the test outlined in two Supreme Court Takings cases: Nollan v California Coastal Comm’n, 483 U. S. 825 (1987) and Dolan v City of Tigard, 512 U. S. 374 (1994).
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