This post initially appeared on WND.com
Guest by post by Bob Unruh
‘ Local federal governments can not utilize the cover of legislation to skirt the Fifth Amendment’
A property owner who was required to pay the city government a $23,000 charge for the “traffic” effect of his brand-new, modular retirement community is going to the U.S. Supreme Court challenging its constitutionality.
According to a report from the Pacific Legal Foundation, “The county declared that George was needed to pay that charge under regional legislation that looked for to move the expense of dealing with existing and future roadway shortages onto brand-new advancement. Hence, the county enforced the charge with no proof connecting George’s brand-new home to any particular public expenses or effects.”
The battle is over the $23,000 George Sheetz was required to pay El Dorado County in California when he installed his home on an uninhabited lot he had actually acquired for that function.
” Holding structure allows captive in exchange for expensive charges is extortion plain and basic, whether it’s done at the license desk or town hall,” stated Brian Hodges, senior lawyer at Pacific Legal Foundation. “Local federal governments can not utilize the cover of legislation to skirt the Fifth Amendment’s restriction versus taking personal property without simply settlement.”
Sheetz purchased his uninhabited lot and was working to put a made home there for retirement however was bought, when he made an application for a structure license, to pay the traffic cost.
He paid the cost, under demonstration, declaring it was an unconstitutional license condition under Koontz v. St. Johns River Water Management District.
That case developed that the federal government “can not weaponize the allowing procedure to obtain more land or cash from homeowner than is required to spend for the determined public effect of the proposed structure job.”
That choice “must have secured” Sheetz from the county, however throughout the years some courts “have actually averted Supreme Court precedents restricting federal government authority to enforce extreme license costs by developing an enormous loophole that permits city board and other legal bodies to make such needs devoid of significant constitutional examination.”
Sheetz’ case now is looking for an affirmation from the Supreme Court of landowner rights.
The Supreme Court has actually consented to hear the case.
Copyright 2023 WND News Center
The post ‘ Extortion Plain and Simple’: Man’s Unjustified ‘Traffic’ Fee Goes to Supremes appeared initially on The Gateway Pundit
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