Professors’ Corner: Legislative Exactions & Sheetz v. Co. of El Dorado

Following-up on our prior post, check out this upcoming webinar featuring Tim Mulvaney discussing the Sheetz case:

Professors' Corner – Legislative Exactions & Sheetz v. Co. of El Dorado

Can legislative action constitute an exaction subject to the Nollan/Dolan/Koontz test? In his concurrence to the Supreme Court's 2016 denial of certiorari in California BIA v. City of San Jose, Justice Thomas made clear that he was eager to examine this issue. The Supreme Court granted certiorari to address this during the 2024 session in the case Sheetz v. Co. of El Dorado. 

The federal courts have split on whether legislative action can constitute an exaction subject to the Nollan/Dolan/Koontz test. In his concurrence to the Supreme Court's 2016 denial of certiorari in California BIA v. City of San Jose, Justice Thomas made clear that he was eager to examine this issue. Justice Thomas's wait is over; the Supreme Court granted certiorari to address this very question during the 2024 session in the case Sheetz v. Co. of El Dorado. Our expert panel will discuss all sides of this extremely interesting case and its implication for takings jurisprudence.

Register for the webinar here!