TBA Law Blog


Posted by: Stacey Shrader Joslin on May 12, 2023

The U.S. Sixth Circuit Court of Appeals this week struck down a Nashville ordinance that denied certain new building permits unless property owners installed a sidewalk or paid into a fund used to build sidewalks elsewhere. The court ruled that the policy was an unconstitutional taking. The court found that so-called legislative exactions are not regulatory takings and are subject to the same degree of constitutional scrutiny any time a government takes property that would ordinarily require compensation. How the ruling will impact those who already paid the fee is unclear. The Metro Law Department said it was “still digesting” the ruling. Read more in the Tennessean or access the opinion.