Are Legislatively Enacted Development Impact Fees On The Chopping Block?

The Supreme Court has granted certiorari in George Sheetz v. County of El Dorado, agreeing to answer the question of whether legislatively enacted development impact fees are subject to a lower level of constitutional scrutiny than fees that are imposed by a permitting authority on an ad hoc basis. While this question has been presented to the Court multiple times over the last several decades, historically the Court has declined to take up the issue. Now, with the changing makeup of the Court, at least four justices appear willing to address the issue.

In 2016, Mr. Sheetz applied for a building permit from the County of El Dorado to develop a 1,854-square-foot house on his property. The County was willing to issue Mr. Sheetz a permit for the house on the condition that Mr. Sheetz first pay the County $23,420 in traffic-mitigation fees. The traffic mitigation fee had been enacted by the County in 2006 to finance the construction of new roads and the widening of