NAR Files an Amicus Brief To Protect Property Owners From Excessive Regulations
Issue Date: February 20, 2025
On February 18, 2025, the National Association of REALTORS®, in partnership with Michigan REALTORS®, Manufactured Housing Institute (MHI), National Apartment Association (NAA), and the National Multifamily Housing Council (NMHC), filed an amicus brief with the Supreme Court of the United States advocating for the protection of protect private property rights and the ability of property owners to receive compensation due to excessive government regulations.
The amicus brief supports petitioners’ Writ of Certiorari in The Gym 24/7 Fitness, LLC v. The State of Michigan, which challenges the decades-old Penn Central regulatory takings test and the Tahoe-Sierra test. NAR and our industry partners highlight concerns that Penn Central leaves property owners powerless to challenge excessive regulation and deters property owners from bringing meritorious takings claims to court. Further, the brief argues that Penn Central incentivizes excessive regulation, which in turn exacerbates the affordable housing crisis. The brief also advocates for the Court to clarify the Tahoe-Sierra test, which as is stands, fails to shield property owners from total regulatory takings and allows governments to deprive property owners of all economic use of their property so long as the government does it temporarily.
Should the petitioner’s Writ of Certiorari be granted, the Court has the opportunity to transform legal precedent by which regulatory takings are scrutinized and provide citizens with a clearer path to protecting private property rights under the 5th Amendment.