An interesting Supreme Court case is pending arguments soon. Below is an excerpt from an article:
"The National Association of Home Builders and conservative allies have lined up with the Koontz family. They want the court to rule that a government agency that refuses a land-use permit because the property owner declines to pay certain fees has essentially taken the property. This would compel agencies to more strictly justify their permit requirements.
From the opposite side, California and 18 other states are urging the court not to impede the widespread use of fees by characterizing them as a taking.
“Impact fees on developments are used by a large percentage of localities across the nation,” notes the states’ legal brief, chiefly authored by California Supervising Deputy Attorney General Daniel L. Siegel, adding that “to offset harm caused by proposed projects, state and local governments widely condition approvals on mitigation, often in the form of mitigation fees.”"
source: http://www.newsobserver.com/2013/01/11/2599837/florida-land-use-case-at-supreme.html
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