Private property rights are a cornerstone of American freedom, yet these rights face ongoing challenges from government overreach and restrictive regulations.
This article delves into these intricacies, the role of the Realtors Land Institute, the National Association of Realtors and why Unity is key… Read More:
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The Role of the REALTORS® Land Institute (RLI) and the National Association of REALTORS® (NAR) in Protecting Landowners
The REALTORS® Land Institute (“RLI”), together with the National Association of REALTORS® (“NAR”), have objectively addressed the challenges through thoughtful participation in on-going litigation, demonstrating the power of collective advocacy in protecting landowners.
Recent litigation like the matters styled TWRA vs. Rainwaters in Tennessee state Court, and Sheetz vs. El Dorado County, which was decided this year by the United Stated Supreme Court, highlights the vital work that RLI is doing to defend property owners and emphasizes the importance of standing for property rights.
As an Accredited Land Consultant (“ALC”) with RLI, I’m honored to be part of an organization that’s committed to advocating for the rights of landowners. The cases styled above don’t just set important legal precedents on state and federal levels; they illustrate the essential value that RLI and ALCs bring to landowners, buyers, and sellers alike.
To give you some context:
Example: TWRA vs. Rainwaters | A Win for Tennessee Landowners
In Tennessee, the TWRA vs. Rainwater’s case began when the Tennessee Wildlife Resources Agency (“TWRA”) asserted that it could enter private land without a warrant to enforce wildlife laws.
This challenge to landowners’ control over their property was brought to court, where the Tennessee Court of Appeals affirmed the trial court’s findings that the practice of the TWRA and the statute on which it relied were unconstitutional. This decision is a huge win for Tennessee landowners, especially for rural landowners who rely on privacy protections like gates and no-trespassing signs.
The outcome of this case highlights why RLI’s advocacy work is so important. Standing alone, landowners might not have the resources or clout to push back effectively, but united through organizations like RLI, their voice is amplified.
Without the backing of RLI and NAR, the result might have been different, it’s a reminder that our combined strength makes a difference.
Example: Sheetz vs. El Dorado County | A National Win for Property Owners
Originating in California state Court, the case of Sheetz vs. El Dorado County was a hard-fought battle over development fees. Retiree George Sheetz was charged a staggering $23,420 “traffic impact fee” when he sought a permit to place a manufactured home on his property.
This fee put Sheetz in a difficult spot, essentially forcing him to either pay or forgo his plans for his land. With the support of RLI and NAR, who filed an amicus brief with the Supreme Court of the United States, Sheetz appealed the state decision to the Supreme Court—and won with a 9-0 decision authored by Justice Barrett.
The unanimous ruling stated that local governments cannot impose hefty fees on property owners just to get a permit, reinforcing the Fifth Amendment’s Takings Clause and exactions analysis, which protects property owners from such undue burdens.
This is a major win for landowners across the country and demonstrates that with unified support, we can defend against unconstitutional government actions.
Why Unity is Key
These cases: TWRA vs. Rainwaters and Sheetz vs. El Dorado County are examples of why it’s essential to come together in defense of property rights. Landowners acting alone may feel powerless against government agencies or burdensome local regulations, but through organizations like RLI, they have a powerful ally.
RLI’s partnerships with NAR and other advocacy groups amplify the fight, ensuring that legislation and judicial rulings remain fair and supportive of landowner rights.
And this isn’t just about winning in court. When landowners band together, they protect not only the value of their property but also the freedom to use and enjoy it as they see fit.
RLI’s advocacy efforts benefit all landowners by helping create a legal landscape that respects and safeguards private land ownership.
The Value RLI and Accredited Land Consultants Offer
RLI’s dedication to private property rights is a direct benefit to both buyers and sellers.
As an ALC, I see firsthand how the knowledge, insight, and legal understanding that RLI provides empowers land consultants to guide clients confidently. RLI’s support means buyers and sellers know their interests are represented by experts who understand the unique challenges of land ownership, property rights, and the advocacy needed to protect them.
ALCs also serve not only as agents but as advocates, we help clients navigate the complex legal issues that can come with land transactions, ensuring their rights are protected at every step.
Our training through RLI also equips us to anticipate potential obstacles, giving our clients the confidence they need to make informed, secure decisions.
Making a Stand Together
The battle for private property rights is ongoing, the cases cited above remind us that we must remain vigilant and united. Thankfully the RLI, alongside NAR, is dedicated to defending landowners’ rights, ensuring they can use their property without fear of unwarranted interference.
Together, we stand to protect the legacy and freedom of land ownership
Author: Seth Craft
Seth grew up chasing elk and deer in the Cascades of Oregon. A hugely accomplished big game hunter, Seth has a passion for sheep, mule deer, and elk. A Colorado guide for Mossback Outfitters, he knows big deer and spends a lot of the fall searching for Monster Mule Deer.
In early 2000 he joined the Marine Corps at an early age of 17 and finished out the remainder of his time in a Close Quarter Battle team. Seth also worked as a Lineman for thirteen years, part of that time was spent doing storm work along the west coast.
He has become one of the top producers of premier properties in Colorado, Wyoming, and New Mexico. Recognized multiple times by the REALTORS Land Institute (RLI), the leading association for the land industry. Seth’s recognition’s include being among the top 5% in production for land REALTORS across the entire country with an average of 50 premier ranch sales a year for the last 4 years. Most recently, Seth was recognized as a Top 20 National Producer, as well as, Region 6 (AZ, CO, NM, UT, WY) Broker of the Year in Recreational Land Sales. Seth serves on the Future Leaders Committee for RLI.
M4 Ranch Group
At M4 Ranch Group, we also believe in the power of unity and collective action. If you’re a landowner or looking to buy, we’re here to help.
Reach out to me, Seth Craft, for more on how the RLI and qualified ALCs can support you in your real estate journey.
