NAR Urges Supreme Court Review of Land-Use Overreach

The National Association of REALTORS® (NAR), joined by the REALTORS® Land Institute and a coalition of industry partners, filed an amicus brief supporting a petition to the U.S. Supreme Court brought by California property owners. NAR is asking the Court to address what it views as a concerning erosion of constitutional protections governing permit conditions and land use. 

The case centers on brothers Arron and Arthur Benedetti, who inherited agricultural land in Marin County, California, from their father, a former turkey farmer. The brothers are plumbers, not farmers, and want to split the property so Arthur can build a single-family home while Arron remains in the existing family residence. That request is consistent with the County’s own zoning rules, which expressly permit single-family homes on the agricultural land, including homes for property owners and their families. 

However, the County refuses to issue a permit unless the brothers agree to a permanent restriction requiring them and all future owners to actively engage in commercial farming. This would effectively force the brothers to become farmers or lease their land for commercial agricultural use. 

The brothers sued, arguing that the condition violates their constitutional rights. Lower courts disagreed, finding the rule reasonable and concluding that the County can impose it to help preserve agriculture. 

The brothers and NAR argue that these decisions ignore long-standing Supreme Court precedent that protects property owners from being required to give up unrelated rights, such as being forced into a profession, as a condition of using their land in ways already allowed by law. 

After California’s highest court declined to review the case, the brothers asked the U.S. Supreme Court to step in. Without intervention, NAR warns the decision could have nationwide consequences by allowing local governments to impose broad conditions on property owners that go far beyond the direct impact of their projects, even when the proposed use is already permitted. 

NAR’s legal advocacy efforts to support private property rights remain a priority. NAR will continue to monitor any developments in this case and provide updates accordingly.