Question 1

Can I sue a municipality or county for an unlawful tax or impact fee?

Accepted Answer

Yes — we are actively prosecuting these claims. Theories include preemption (only states can authorize new taxes), Nollan/Dolan rough-proportionality challenges to exactions, and regulatory takings under Sheetz. Send us the ordinance, fee schedule, and your bill, and we'll evaluate.

Question 2

What is a regulatory taking?

Accepted Answer

A regulatory taking is when government regulation burdens property so heavily it's effectively taken. The framework: Loretto per se takings for permanent physical invasion; Lucas per se takings when regulation deprives the owner of all economic use; and Penn Central balancing for everything else. Just compensation is the remedy.

Question 3

Should I accept the government's first eminent-domain offer?

Accepted Answer

Almost never. Initial offers run substantially below highest-and-best-use value. The government's appraisal usually ignores consequential damages to the remainder, business-relocation costs, severance damages, and market evidence. We maximize the just-compensation award through independent appraisal, business-loss experts, and jury trial when warranted.

Question 4

What is inverse condemnation?

Accepted Answer

Inverse condemnation is the claim a property owner brings when government effectively takes property without formal eminent-domain proceedings. Common scenarios: flood-control projects that inundate land, road projects that cut off access, or regulations that destroy property value. The remedy is just compensation, same as a direct taking.

Question 5

Are class actions a good fit for property-rights claims?

Accepted Answer

Yes when the underlying scheme is broad and applies the same way to many owners. Class treatment is often the only way to make a $500-per-year illegal fee against a thousand homeowners economically viable. Our 2023 $1.9 million municipal-impact-fee settlement was exactly this kind of case.

Question 6

What's a 'rough proportionality' challenge?

Accepted Answer

Under Nollan/Dolan and Sheetz, when government conditions a development permit on a concession, the exaction must have an essential nexus to impact AND be roughly proportional in extent. Many municipal exactions flunk the second prong — flat fees bear no relation to actual impact. Where math doesn't pencil, the exaction is unconstitutional.

Question 7

Do I have to exhaust administrative remedies before filing a takings suit?

Accepted Answer

Often yes. Knick v. Township of Scott (2019) ended the state-court detour, but ripeness still requires a 'final decision' from the regulator. You usually have to apply for the permit or variance and get it denied before suing. We map the ripeness path at engagement.

Fifth Amendment regulatory takings

About this practice

From the Library — Property Owner Constitutional Claims writing