WASHINGTON (May 25, 2023) – National Association of Realtors® President Kenny Parcell issued the following statement Thursday in response to the Supreme Court's favorable rulings for property rights in Tyler v. Hennepin County and Sackett v. EPA:
"NAR applauds the Supreme Court for both rulings today further protecting the rights of property owners. Tyler v. Hennepin County, which NAR outwardly supported, confirms that the equity homeowners build in their properties is a constitutionally protected right and cannot be unduly or unfairly seized by the government. We also appreciate the clarity provided by the Sackett ruling, which helps property owners utilize their land to the fullest extent possible. This ruling has lifted a burden from homebuilders across the country, reinforcing that the government should not create excessive barriers in the homebuilding sector, especially when the United States currently has a housing shortage of 5.5 million units."
In March, NAR, along with the American Property Owners Alliance and the Minnesota Realtors® filed an amicus brief in support of Tyler v. Hennepin County and the property owner's entitlement to the surplus equity, arguing the state statute effectuates an unconstitutional taking of private property under the Fifth Amendment. The Sackett v. EPA ruling brings more clarity to the rules and regulations on the building on personal land under the scope of the Clean Water Act (CWA). NAR is part of ongoing litigation related to an EPA rule defining Waters of the United States (WOTUS) under the CWA, which will be directly impacted by this decision.
The National Association of Realtors® is America's largest trade association, representing more than 1.5 million members involved in all aspects of the residential and commercial real estate industries. The term Realtor® is a registered collective membership mark that identifies a real estate professional who is a member of the National Association of Realtors® and subscribes to its strict Code of Ethics.
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