Casey Pipes will explain the recent United States Supreme Court opinion in Sheetz v. County of El Dorado and its implications on state and local government programs and initiatives to the members of the Counselors of Real Estate at the State and Local Tax (SALT) Specialty Interest Group on Thursday, May 16, 2024. The implications of the Sheetz holding go far beyond just impact fees, and they will provide additional headwinds on affordable housing initiatives throughout the country. The future of these types of affordable housing and inclusionary zoning set-aside programs will depend on more traditional public participation (such as in the form a development agreement or a public-private partnership) rather than as an exaction or development condition for most types of projects.
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