Podcast: A Big Win in the Supreme Court and Understanding the Realtors Settlement

Legal
Published

In the latest episode of NAHB’s podcast, Housing Developments, hosts CEO Jim Tobin and COO Paul Lopez are once again joined by Tom Ward, vice president of legal advocacy, to discuss the outcome of the Supreme Court’s Sheetz decision and the National Association of Realtors (NAR) settlement.

Earlier this month, as NAHB had predicted, the Supreme Court concluded that an impact fee authorized by legislation must still comply with the Takings Clause of the Fifth Amendment.

So how does this apply to NAHB members? There are a number of states that follow this type of rule — that if it’s from the legislature, it would be shielded from a Takings claim, Ward explained. The ruling also applies to states in the Tenth Circuit.

States directly impacted include:

  • Arizona
  • California
  • Colorado
  • Kansas
  • Maryland
  • New Mexico
  • Oklahoma
  • Oregon
  • Utah
  • Washington
  • Wyoming

In these states, members realistically could challenge what they believe to be overly burdensome impact fees and see if they pass the Nollan/Dolan test, which will determine if the impact fees assigned are proportional to the impact the development will have on the locality.

Ward discusses the implications further with Tobin and Lopez.

He also notes the policy changes that will be required of NAR as a result of its recent settlement, which he will delve further into in an upcoming Shop Talk on April 30, and impending investigation of NAR by the Department of Justice.

Watch the latest episode below and subscribe to Housing Developments through your favorite podcast provider.

Subscribe to NAHBNow

Log in or create account to subscribe to notifications of new posts.

Log in to subscribe

Latest from NAHBNow

Membership

Apr 02, 2026

NAHB Offers Customizable Materials, Shop Talks for New Homes Month

Every April, NAHB celebrates New Homes Month, a time to spotlight the benefits of new construction to buyers across the country.

Spring Leadership Meeting

Apr 01, 2026

Register Now for NAHB’s Spring Leadership Meeting and Legislative Conference

NAHB committee and council members, delegates to the Leadership Council, members of the Board of Directors, and executive officers should make plans now to attend the Spring Leadership Meeting and Legislative Conference, June 9-13, at the Grand Hyatt Washington in Washington, D.C.

View all

Latest Economic News

Economics

Mar 31, 2026

Soft Construction Labor Market Shows Decline for Open Positions

The number of open positions in construction in February was down year-over-year, per the Bureau of Labor Statistics Job Openings and Labor Turnover Survey (JOLTS).

Economics

Mar 30, 2026

NAHB HBGI: Micro Markets Lone Bright Spot for Single-Family Building in Fourth Quarter

Single-family construction declined further in the fourth quarter in all but sparsely populated micro counties, according to the NAHB Home Building Geography Index (HBGI).

Economics

Mar 26, 2026

State/Local Property Tax Revenue Rises Past $210 Billion in the Fourth Quarter

Property tax revenue collected by state and local governments rose for the ninth consecutive quarter according to the Census Bureau’s quarterly summary of state and local tax revenue.