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September 6, 2024

Sheetz v. El Dorado County: Death Knell for Development Fee Programs or Harbinger of Judicial Deference?

The United States Supreme Court’s most recent Takings case, Sheetz v. El Dorado County, California1 enunciated a seemingly simple holding, that legislatively-imposed development fees are not, as such, exempt from analysis under the Court’s “unconstitutional conditions doctrine” under Nollan v. Cali­fornia Coastal Commission2 and Dolan v. City of Tigard.3

November 1, 2023

Higher Rate Redux: Recalling The Legal History Of “Transfers Subject To,” Wrap-Around Mortgages, Assumable Loans, And The Due On Sale Clause In A New Era Of Rising Interest Rates

As residential mortgage interest rates have nearly tripled over the past 18 months, some participants in the real estate industry have been considering ways to market and sell real estate by keeping low-rate existing mortgages in place while transferring ownership of the property to a new owner or buyer.