The United States Supreme Court unanimously ruled against exorbitant government fees in a case that centered on one California retiree forced to pay a flat-rate $23,000 “traffic impact fee” for the construction of a single small home to raise his grandson in.
This ruling combined earlier rulings on government permitting fees, which must both have “essential nexus” — related to the government interest from having the fee — and be “roughly proportional” to the impact from the action the fee is targeting, with the addition that fees created by legislatures are not exempt from these requirements.
“Today’s ruling is a major victory for property rights, and a step in the right direction toward removing barriers to housing,” said Brian Hodges, senior attorney at Pacific Legal Foundation, which served as co-counsel on the case. “We are thrilled with the Supreme Court’s decision and will continue fighting to protect property rights and make […]
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