NBN Online for the week of May 30, 2005

High Court Upholds Tests for Takings Cases

In a victory for property rights, the U.S. Supreme Court on May 23 clarified the circumstances under which land owners are due just compensation from the government for a “taking” of their property as defined by the Fifth Amendment to the Constitution.

The unanimous affirmation of key property rights precedents came in the case of Lingle v. Chevron, U.S.A., the first of three takings cases the Supreme Court is expected to decide this term. Justice Sandra Day O’Connor wrote the opinion.

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Builders Make Three Wishes to Improve Wetlands Regulation

A Wetlands Wish List of reforms that would improve the wetlands permitting process for home builders and home buyers was released by NAHB last week to coincide with the 15th anniversary of American Wetlands Month, which has focused this year on the economic benefits of protecting wetlands.

“As stewards of much of the nation’s developable land, home builders have taken a lead role in protecting wetlands,” said NAHB President Dave Wilson. “It is important that federal legislative and regulatory bodies continue to work with landowners to protect wetlands sensibly and cost-effectively.”