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

Elizabeth Elia, Robert H Thomas, William Andrew Gowder Jr, and Timothy M Mulvaney

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 discusses all sides of this extremely interesting case and its implication for takings jurisprudence.