Advocacy
What is the fundamental issue?
The Constitution provides the federal government eminent domain authority to take private property, as long as the taking is for a "public use", and "just compensation" is provided to the property owner.
I am a real estate professional. What does this mean for my business?
Used carefully and judiciously, the power of eminent domain can help communities invest in projects that are necessary for them to function effectively, such as roads, bridges and water management systems. These kinds of projects help preserve property values and create the conditions for robust economic growth.
Improper or incorrect use of eminent domain can harm property rights and destroy trust in public institutions.
NAR Policy:
NAR supports eminent domain authority only for a public use (e.g., ownership by a public entity), as well as a broad interpretation of "just" compensation, to include all reasonable and necessary costs which result from exercise of such authority, not just the value of the property condemned. States, not the federal government, should establish their own rules and laws governing eminent domain. Governments must also show evidence that projects have a reasonable chance of being created if eminent domain is used to take private property.
Legislative/Regulatory Status/Outlook
NAR is active in an on-going, broad-based coalition of financial, banking and real estate organizations, closely monitoring all developments in this area and will mobilize when circumstances warrant.
NAR Committee:
Land Use, Property Rights and Environment Committee
Current Legislation/Regulation
None at this time.
In-Depth
Letters to Congress - Eminent Domain
Letters to federal agencies - Eminent Domain
Issue summary - Eminent Domain
Letters to Congress - Private Property Rights
Issue summary - Private Property Rights
Legislative Contact(s):
Russell Riggs
rriggs@nar.realtor
202-383-1259
Ryan Rusbuldt
rrusbuldt@nar.realtor
202-383-1196
Regulatory Contact(s):
Russell Riggs,
rriggs@nar.realtor
202-383-1259