Preserving Private Property Rights

Resolved that NAHB support legislation to prevent federal, state and local governments from abusing the power of eminent domain provided by the Fifth Amendment to the U.S. Constitution.

Further resolved that NAHB support the use of eminent domain, with just compensation, when a governmental entity will maintain ownership or control over the property (1) if the development or redevelopment of the property will be used by members of the general public, or (2) if the project addresses infrastructure necessities, like public utilities or roads.

Further resolved that, NAHB support the use of eminent domain, with just compensation, when a private party will maintain ownership or control over the property when the development or redevelopment plan meets the requirements of state slum, blight, contaminated site, nuisance, or however designated.

Further resolved that NAHB seek and support federal legislation that allows property owners expeditious access to federal district court review of property takings cases.

Further resolved that NAHB seek and support federal legislation and regulation that will justly compensate land owners in an expeditious and fair manner for the value or their property, which is taken or deemed unusable temporarily or permanently by federal, state, county, regional, or local government.

Resolution originally adopted: 2005.9, Resolution No. 6

Committee with primary jurisdiction: Federal Government Affairs Committee