America needs more housing: People across the country are struggling to find affordable places to live. The good news? Property owners want to build more housing. Homeowners want to build accessory dwelling units; landowners want to build new homes; and developers want to build apartment buildings. The bad news? Land use regulation is preventing them—causing the housing crisis.
The right to make productive use of your own property is a fundamental right. Since before the founding, Americans have shaped their destinies out of the land, raising homes and new communities from dirt. For the country to keep growing, and for the individual pursuit of happiness to flourish, we need to keep building.
But the government is now abusing its power to restrict the freedom to build. Zoning—which is meant to enhance public health, welfare, and safety—is instead used to preserve the status quo. Permit fees and exactions—meant to compensate for the actual public impacts of construction—are imposed arbitrarily, distorting the housing market and pushing the cost of housing to crippling levels.
PLF is fighting to dismantle unreasonable government restrictions on building.
On April 12, 2024, the Supreme Court ruled unanimously for California homeowner George Sheetz in a case about development “impact fees.” George sued his county after it forced him to pay a $23,420 traffic impact fee in order to get a building permit. The high fee was especially absurd in George’s case: He was only trying to build a modest, manufactured home. With the help of Pacific Legal Foundation and former PLF attorney Paul Beard, George won a unanimous decision at the Supreme Court, which affirmed permit fees like George’s must be related and proportional to the building project.
Our system of law should favor the right to build, allowing property owners to pursue innovative and diverse housing options. While homeowners may mutually agree on neighborhood building restrictions—in the form of homeowners association covenants or other private contracts—the government may not abuse its power to throttle the housing supply.
PLF represents property owners in courts across the country to challenge government barriers to housing, including:
We work with legislators to reform laws and restore the right to build across the country. Our model legislation and principles for reform include:
To work with PLF on legislative reform, email Kileen Lindgren at klindgren@pacificlegal.org.
Has the government interefered with your right to build? Submit your case to PLF and see if we can help you.
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