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Standing up for a private property owner's right - 6/8/2006 - Attorney Lawyer Legal Building Codes Zoning

Standing up for a private property owner's right

to bring a Fifth Amendment takings claim directly to federal court, NAHB member Frank Kottschade testified before Congress in favor of the "Private Property Rights Implementation Act of 2005" on June 8.

Introduced by Rep. Steve Chabot (R-OH), H.R. 4772 would allow landowners who have been unfairly denied use of their property to eliminate the usual detour through state court before having the merits of their case heard by a federal court. Minnesota home builder and developer Frank Kottschade, whose own long-fought court battle (detailed in our press release) has become synonomous with the struggle for private property rights, spoke before the House Judiciary Committee's Subcommittee on the Constitution. Said Frank, "In my opinion, passage of H.R. 4772 is absolutely essential to restore the fundamental rights in private property that have been a bulwark of our democracy since the nation's founders enacted the Bill of Rights." Read Frank's official testimony, or for more information, please contact Duane Desiderio (x8146) or J.P. Delmore, (x8412).

And speaking of property rights...  NAHB Executive Vice President and CEO Jerry Howard was a featured guest on "Your Property Rights," an internet radio program hosted by Defenders of Property Rights, on the same day as Frank Kottschade's testimony. Jerry discussed several related issues, including the importance of House bill H.R. 4772 and its implications, as well as the ramifications for home building stemming from the S.D. Warren case that was handed down by the U.S. Supreme Court this May.


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