Cases & Deals

Real estate industry associations file amici curiae brief challenging legislative permitting exactions

Client(s) National Association of Realtors®, American Property Owners Alliance, Realtors® Land Institute, California Association of Realtors®, and Californians for Homeownership

Jones Day filed an amici curiae brief in the Supreme Court on behalf of the real estate industry in a case challenging a California court’s ruling that legislative permitting exactions are not subject to Takings Clause scrutiny. Under longstanding Supreme Court caselaw, exactions on permits must maintain an essential nexus and rough proportionality to the costs imposed by a new development. But some courts have ignored this clear instruction and subject generally applicable legislative exactions to diminished scrutiny. The real estate industry supports property owners’ right to Takings Clause protection regardless of the branch of government responsible for the taking. The brief thus urges the Supreme Court to clarify that the Takings Clause and the unconstitutional conditions doctrine apply equally to all branches of government and protect property owners from extortionary exactions imposed by legislatures and other government actors alike.

Sheetz v. County of El Dorado, California, No. 22-1074 (U.S.)