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CRC
Defends Community Protections in Congress
Currently, in Congress, CRC is opposing legislation
proposed by big developers that threatens reasonable land
use controls across the country.
CRC is Fighting Against the
Homebuilders' Takings Bill
The National Association of Home Builders
Bill (H.R. 2372 / S. 1028) would permit takings claimants
to bypass state courts and local planning procedures, and
instead subject local governments to expensive,
time-consuming federal court litigation far earlier in
the land use process. CRC opposes the Bill because it is
unconstitutional, it disrespects the role of state courts
in interpreting state law, and it unfairly creates
special rights for property owners that are unavailable
to other constitutional litigants.
Despite these irreparable flaws in the
bill, on March 16, 2000 the House of Representatives
approved the measure by a 226-182 vote; the bill received
26 fewer votes than it had in the previous Congress. The
bill is now headed to the Senate, where it died last
Congress.
For more on CRC's reasons for opposing
these bills, see our Letter
to the Congressional Committee.
For a critique of the biased and totally
misleading "facts" used by the NAHB to support
the legislation, see our Talking
Points.
For more commentary on this issue see:
Taking on
the NAHB Takings Bill
Published in the Legal Times, June 12,
2000
Gallegly Measure
that Would Shift Authority to Federal Government Gets New
Life
Published in the Ventura County Star, March
12, 2000
Don't Make A Federal Case Out of Land Use Laws
Distributed by Scripps Howard News Service
Address at the National League of Cities
Annual Meeting
American
Planning Association Sept. 16, 1997 letter opposing NAHB Legislation
(PDF format)
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