AUSTIN — The Texas Public Policy Foundation (TPPF) submitted an amicus brief today in Sheetz v. County of El Dorado, which examines the constitutionality of exaction fees for building permits for single-family homes. The brief argues that these fees are unconstitutional, under the Takings Clause, when the government cannot demonstrate that the proposed development would have a tangible, quantifiable impact.

“All too often, local governments hold building permits hostage to extract benefits from developers that they would otherwise have to pay for,” said TPPF Director of Litigation Chance Weldon. “That’s not just unconstitutional, it makes housing more expensive for everyone.”

The brief was submitted on behalf of TPPF, the National Federation of Independent Business (NFIB), the Manhattan Institute, and the Southeastern Legal Foundation.

To read the full amicus brief, click here.

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