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Week of February 28, 2005

Front Page

* DOE Study Confirms Wall Insulation Requirements Don’t Deliver Enough Bang for the Buck
* Watch for a New Look for Nation's Building News
* Supreme Court Looks at Economic Development as Justification for Taking Private Property
* Housing Snapshot

President's Message

* NAHB Is Your Business Partner

Housing and Economics

* Housing Demand Solid Despite Snow-Related Sales Decline in January
* Buffalo-Niagara Falls, N.Y., Most Affordable Housing Market
* Eye on the Economy

Business Management

* Increase Profitability by Streamlining Your Operations

Seniors

* What Visitors Don’t See on Your Web Site Could Generate More Sales

Multifamily

* HUD Recognizes 2003 IBC Code as Safe Harbor for Accessibility Compliance

Green Building

* Arbor Day Foundation Seeks Presenters for Upcoming Conference

Regulation

* Storm Water Exemptions for Oil and Gas Exploration Should Also Apply to Construction
* Philadelphia Builders Peg Revitalization Efforts on Streamlining City’s Zoning and Permit System
* New HUD Awards Recognize Efforts to Remove Affordable Housing Barriers

Legal Issues

* Legal Test for Takings Liability an Issue in Supreme Court Case
* Information About Current Use of Arbitration Requested

Small Builders and Remodelers

* Index Finds Slight Remodeling Slowdown in Fourth Quarter
* How to Deal With an Emotional Home Owner

Workforce Housing

* Salinas Development Provides Affordable Housing for Farm Workers

Labor

* Leaders in Mississippi Meet to Plan Future of State’s Project CRAFT Program

Building Products

* New Large Angle Grinders Reduce Vibration By 60%

Builder's Engineer

* Honey, I Shrunk the Lots

Building News Coast To Coast

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* Get GM Discount Pricing on More Than 80 GM Vehicles
* Help Tsunami Survivors Rebuild Their Homes
* Robson Seeks Office of NAHB Vice President and Secretary
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* Calendar of Events

NBN Back Issues

 

Supreme Court Looks at Economic Development as Justification for Taking Private Property

In the first of two cases that could hold major repercussions for property rights of Americans under the Fifth Amendment to the U.S. Constitution, the U.S. Supreme Court on Feb. 22 heard oral arguments from home owners in Connecticut who have been fighting the efforts of the City of New London to take their property so that private developers can turn it into a business and technology park.

The approximately 90 acres of land that are in dispute are adjacent to a Pfizer global research facility. In justifying its redevelopment plans, the city says that the new use of the property would generate higher property tax revenue, provide new employment opportunities to make up for the closing of a local Navy facility, encourage access to the city’s waterfront and build momentum for revitalization of the downtown area.

The property owners claim that the city’s plans represent an unconstitutional transfer of land from one private property owner to another in violation of the Fifth Amendment. That view did not persuade the Connecticut Supreme Court, which ruled in favor of the city last March, taking a broad approach to the issue of public use and finding that courts do not need to carefully examine this type of taking when a legislature has spoken.

NAHB has filed an amicus brief in support of the property owner in the case — Kelo v. City of New London. While not taking the position that economic development can never be a public use under the Constitution, NAHB is advocating heightened judicial review of such municipal plans and views the case as an opportunity for the Court to set out some parameters to curb abuses by local governments.


National Association of Home Builders

It is fairly well established that parks, utilities and the redevelopment of slums are appropriate applications of public use in most states. The courts, however, have been splintered over the recent trend by localities to attempt to take private property using economic development — higher tax revenue and more job opportunity — as a “public use" appropriate for a taking.

A favorable response from the Supreme Court would also help provide some certainty to NAHB members who are working with local governments about which types of eminent domain projects can go forward.

The Supreme Court last Tuesday also heard arguments in the case of Lingle v. Chevron U.S.A., which concerns a well-established legal test for a Fifth Amendment taking. For a story on that case in this issue of Nation’s Building News, click here.

For more information, e-mail Mary Lynn Pickel, or call her at 800-368-5242 x8485.
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