Unanimous Supreme Court Rules for Property Rights in Takings Clause Case

Louisiana REALTORS® • April 15, 2024

Update from Katie Johnson, NAR Chief Legal Officer and Chief Member Experience Officer

We have good news to share on this Friday evening. A unanimous Supreme Court issued a ruling Friday championed by NAR that says the government can't demand hefty development fees from property owners as a condition for building permits. 

 

The case centered around the Takings Clause of the Fifth Amendment to the Constitution, which prohibits the taking of private property without just compensation.

 

In their ruling, the Justices unanimously said there is no legislative exemption to the takings clause. In other words, local governments cannot pass legislation overriding it.

 

In the case--Sheetz v. County of El Dorado, California--a California landowner filed suit after the county government passed a law that effectively forced him to pay more than $23,000 for a "traffic impact fee" study as a condition to obtain a permit to place a manufactured home on his property.

 

NAR filed an Amicus brief in November of 2023 along with the American Property Owners Alliance, the REALTORS® Land Institute, and the California Association of REALTORS®, stating, "This case offers a chance to curb the government's ability to extort property for permits by subjecting all exactions-both legislative and executive-to constitutional scrutiny."

 

Justice Amy Coney Barrett wrote, "Nothing in constitutional text, history, or precedent supports exempting legislatures from ordinary takings rules."

 

This is an important case, and our involvement is a testament to NAR's multi-front advocacy as America's premier private property rights champion. We will continue to go the distance whenever and wherever private property rights are threatened through legal and legislative advocacy efforts. 

 

Please see the NAR Advocacy's Washington Report from last year that also links to our amicus brief and please let us know if you have any questions.

Consumer Guide Update: Teen Financial Literacy

By Louisiana REALTORS® • October 9, 2026
Want Your Teen to Own a Home Someday? Start Talking Money Now Teens may not be thinking about mortgage rates or down payments just yet, but the money habits they’re building now can follow them for years. And 88% of teens surveyed by Fannie Mae and Junior Achievement said they want to own a home someday. This week’s Consumer Guide: Talk to Your Teens About Money and Homeownership makes those conversations a little easier, covering everything from credit scores and budgeting to debt, renting versus owning and saving for that eventual down payment. So yes, you may have to interrupt the doomscrolling. But helping teens get smarter about money today could put them in a much better position to get the keys to a home of their own down the road. Download all of NAR’s Consumer Guides in English or Spanish at facts.realtor. For ease of reference, below is a list of the most recent guides: NEW: Teen Financial Literacy Fraud Red Flags Helping Family Members Become Homeowners Prepare Your Home for Hurricane Season Condominium Insurance Thank you for your continued engagement with the “Consumer Guide” series and for sharing the resources with prospective clients to ensure they have the information they need to find success in their home buying or selling journey. Remember that these guides are for informational purposes only and are not meant to enact or change any existing NAR policy. The next Consumer Guide, scheduled for publication on Oct. 21, will cover winter cold and storm preparedness.

Constitutional Amendment Positions for November 3 Election

By Louisiana REALTORS® • October 9, 2026
Homeownership Is on Louisiana's November Ballot

Cookbook for the REALTORS® Relief Foundation On Sale Now!

By Louisiana REALTORS® • October 8, 2026
After months of gathering recipes from across our Louisiana REALTORS® family, the cookbook is ready! This 200+ page collection is filled with Louisiana flavor, REALTOR® heart and recipes contributed by our members. We launched sales of the cookbook at the Fall Governance Meetings. You can now purchase your copy for $30 directly from the printer and shipped to you! Additionally, we will have copies available at the RRF booth at NXT . After NXT, we will carry a limited stock at the LR office for you to purchase through the LR Merch Shop and pick-up from the office or at an LR event, as stock is available. Even better, $15 from every cookbook sold will be donated to the REALTORS® Relief Foundation (RRF) to help provide housing-related assistance to REALTORS® and their families following disasters. Pick up a copy for yourself, grab one as a gift and enjoy a taste of Louisiana while supporting a great cause!
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