Firm threatens lawsuit if SFMTA brings back transit impact development fee program

The San Francisco Municipal Transportation Agency has already pulled back its plan to enforce new transit impact development fees on residential buildings. But if the agency brings the issue up again, it could be slapped with a lawsuit.

In a letter addressed Thursday to SFMTA chairman Tom Nolan and other members of the board of directors, the Pacific Legal Foundation, a libertarian-leaning law firm, said it would consider taking legal action against the agency if it tried to resume its impact development fee program.

The foundation cited the Fifth Amendment, which states that city municipalities cannot use permitting processes to unduly benefit their coffers, as justification for a lawsuit.

Following outcry from builders, the SFMTA decided to shelve its plan to expand its transit impact development program to include residences.

Bay Area NewsGovernment & PoliticsMuniPoliticsSan FranciscoUnder the Dome

If you find our journalism valuable and relevant, please consider joining our Examiner membership program.
Find out more at

Just Posted

Those who stick around San Francisco on long holiday weekends can enjoy a slower pace, uncrowded streets and beloved institutions like cable cars. <ins>(Kevin Hume/S.F. Examiner)</ins>
These empty San Francisco streets: A holiday dream

We’re here because we can be, and because we have nowhere else to be

It’s disheartening to see that Bill Graham Civic’s marquee isn’t announcing upcoming concerts. (Screenshot/Bill Graham Civic Twitter)
A cruise through The City with the ghosts of rides past

I take my time and don’t even mind the occasional traffic jams

The 2020 Census has concluded taking responses sooner than expected. (Courtesy photo)
What does California have to lose if undocumented immigrants are excluded from the census?

By Kim Bojórquez The Sacramento Bee If The U.S. Supreme Court rules… Continue reading

A ban on smoking or vaping in multi-unit buildings has drawn opposition from cannabis advocates, who say it would leave users with no legal place to consume a legal substance. (Shutterstock)
Cannabis group slams Yee’s proposed apartment smoking ban as ‘classist’

Legislation would impose fines of $1,000 a day on repeat violators

The most dangerous behaviors by drivers include failing to yield right-of-way at crosswalks, unsafe speeding and failing to stop at red lights or stop signs. <ins>(Ekevara Kitpowsong/Special to S.F. Examiner)</ins>

Most Read