Access to the courts is a fundamental component of protecting property rights, and two cases before the U.S. Supreme Court could help clarify when property owners may seek judicial review of government actions affecting their property. The National Association of REALTORS®, together with industry partners, has filed an amicus brief supporting Supreme Court review in Walls v. Montgomery County and Tedford’s Tenancy, LLC v. City of New York.
At issue is when a property rights claim is sufficiently developed for court review—and whether property owners who have already experienced concrete harm must continue through potentially lengthy administrative processes before they can have their claims heard. The cases have broader implications for permitting, development costs, housing supply, and the protection of private property rights.