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Home Builders Applaud House Passage of Property Rights Legislation

Posted on: Friday, 29 September 2006, 18:00 CDT

WASHINGTON, Sept. 29 /PRNewswire/ -- Calling it an important step forward for property rights, the National Association of Home Builders (NAHB) today applauded the House of Representatives for passing the "Private Property Rights Implementation Act" (H.R. 4772), legislation designed to ensure that property owners can have their Fifth Amendment takings claims heard in federal court.

"Government must be accountable when its actions violate property rights guaranteed under the Fifth and Fourteenth Amendments of the Constitution," said Jerry Howard, NAHB's executive vice president and chief executive officer. "This legislation gives property rights the same weight as other civil protections provided by the Bill of Rights."

"We commend House Majority Leader John Boehner (R-Ohio) for bringing this bill to a vote and Chairman Jim Sensenbrenner (R-Wis.) for bringing it out of the House Judiciary Committee," Howard said. "I want to thank Representatives Steve Chabot (R-Ohio) and Bart Gordon (D-Tenn.) for introducing the measure and helping to bring strong bipartisan support."

Under existing law, property owners must litigate their case in state court before a federal court will rule on a Fifth Amendment takings claim. But once a takings claim has been heard by a state court, the landowner cannot have the claim heard in federal court. Property owners are effectively precluded from having their Fifth Amendment takings cases heard in federal court.

As a result, property rights claims are treated differently from other civil rights cases, all of which can be brought directly to federal court. An adult book store owner, for example, who challenges a municipal land-use regulation based on the First Amendment's free speech protection, has direct access to federal court; but an individual who is a landowner and who challenges the same regulation with a Fifth Amendment takings claim does not.

"This is sound, well-crafted legislation designed to protect the constitutionally protected property rights of our citizens without limiting the authority of local governments to enact zoning regulations," Howard said. "This bill enables municipalities to protect the local health, safety and environment in any way they see fit, within the bounds of the Constitution."

It is the proper function of federal judges to ensure that these decisions are constitutional and do not take property in violation of Fifth and Fourteenth Amendment protections.

"Fifth Amendment takings claims are the only constitutional rights cases that cannot be heard in federal court," Howard said. "The House of Representatives understands that it is time to put property rights on par with all the other civil rights protected by the Constitution."

National Association of Home Builders

CONTACT: Paul Lopez, Director of Media Relations of the NationalAssociation of Home Builders, +1-202-266-8409, fax: +1-202-266-8131,plopez@nahb.com

Web site: http://www.nahb.org/

Source: PRNewswire

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