Sheetz v. County of El Dorado

SLF urges Supreme Court to end Takings Clause debate

About the Case

Southeastern Legal Foundation (SLF) filed an amicus brief before the United States Supreme Court supporting George Sheetz, a California man who was told by the county that before he could build a home on his own private property, he needed to pay $23,420 to pay for road improvements that had absolutely no relationship to him or his property. SLF’s brief was joined by the Beacon Center of Tennessee.

Mr. Sheetz owns land in El Dorado County, California. In July of 2016, he applied for a permit to build a 1,854 square foot home. The county charged him over $23,000 to pay for road improvements that were unrelated to building his home. When Mr. Sheetz sued, claiming this was a taking property as prohibited under the Fifth and Fourteenth Amendments, the California courts threw out his case. They reasoned that because this development fee was mandated by statute, it was largely immune from constitutional scrutiny. The courts further explained that the outcome may have been different if an administrative body imposed the condition instead.

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SLF and others urged the Supreme Court to accept review of Mr. Sheetz’s case in July 5, 2023. On September 29, 2023, the Supreme Court agreed to hear the case. In their brief on the merits, SLF and Beacon urge the Court to clarify that it does not matter whether a taking is done by law or administrative action. A taking is a taking under the Bill of Rights. SLF and Beacon compared this case with Knight v. Nashville, a recent precedent-setting case they won in federal court on behalf of private property owners. In that case, the city of Nashville required property owners to either build new sidewalks or pay for the construction of sidewalks before they could build a home on their property.

The Sixth Circuit Court of Appeals held that the sidewalk law was unconstitutional because it does not matter which branch of government did the taking. There is a significant divide among state and federal courts over whether the Takings Clause applies to legislative bodies, and as the Sixth Circuit and California rulings illustrate, there are no signs of that divide stopping. In their brief, SLF and Beacon urge the Supreme Court to reach the same conclusion in Sheetz that the Sixth Circuit reached in Knight.

Case Status

Amicus Brief

Court

United States Supreme Court

Why This Matters

This case involves a question that has deeply divided and confused state and federal courts.

The question surrounds what test to employ for legislatively imposed permit conditions like Mr. Sheetz’s. For decades now, courts have been in disarray about whether permit demands authorized by legislation should receive different, less demanding constitutional protection from those imposed ad hoc by administrators. Recently, SLF successfully convinced the Sixth Circuit Court of Appeals that legislative demands for property should not get special solicitude.

SLF and Beacon are now calling on the Supreme Court to rule the same way in the Sheetz case, ending the debate among lower courts about whether the Constitution applies equally to all branches of government.

SLF Vice President of Litigation Braden Boucek explains:

Property rights are essential. The Founders considered them to be essential to liberty and prosperity. As the Sixth Circuit was careful to note in Knight, the Founders never distinguished between branches of government in the Bill of Rights. The provisions of the Bill of Rights, including the Takings Clause, apply equally to all branches.

SLF Executive Director Kimberly Hermann states:

This case offers the Supreme Court the opportunity to hold legislative bodies accountable when they take property away from citizens. For too long, state and local governments have exploited loopholes and gotten away with extortionate demands on property because they do so through legislation. The Supreme Court needs to close these loopholes and clarify that the Takings Clause protects against all forms of government extortion.

Why This Matters

This case involves a question that has deeply divided and confused state and federal courts.

The question surrounds what test to employ for legislatively imposed permit conditions like Mr. Sheetz’s. For decades now, courts have been in disarray about whether permit demands authorized by legislation should receive different, less demanding constitutional protection from those imposed ad hoc by administrators. Recently, SLF successfully convinced the Sixth Circuit Court of Appeals that legislative demands for property should not get special solicitude.

SLF and Beacon are now calling on the Supreme Court to rule the same way in the Sheetz case, ending the debate among lower courts about whether the Constitution applies equally to all branches of government.

SLF Vice President of Litigation Braden Boucek explains:

Property rights are essential. The Founders considered them to be essential to liberty and prosperity. As the Sixth Circuit was careful to note in Knight, the Founders never distinguished between branches of government in the Bill of Rights. The provisions of the Bill of Rights, including the Takings Clause, apply equally to all branches.

SLF Executive Director Kimberly Hermann states:

This case offers the Supreme Court the opportunity to hold legislative bodies accountable when they take property away from citizens. For too long, state and local governments have exploited loopholes and gotten away with extortionate demands on property because they do so through legislation. The Supreme Court needs to close these loopholes and clarify that the Takings Clause protects against all forms of government extortion.

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