Supreme Court Ruling Stands to Strengthen Private Property Rights
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June 25, 2019
On Friday, the Supreme Court issued its ruling in the case of Knick v. Township of Scott, a decision which NAR believes will lead state and local governments to be more thoughtful and deliberate when developing laws or regulations that could infringe on Americans’ private property rights.
Specifically, Knick v. Township of Scott declared that plaintiffs who have accused local governments of violating the Takings Clause of the U.S. Constitution may proceed directly in federal court rather than first litigating in local circuits, overturning a 34-year old precedent set by a 1985 Supreme Court ruling.
“A property owner has an actionable Fifth Amendment takings claim when the government takes his property without paying for it,” the Court’s opinion reads. “The Fifth Amendment right to full compensation arises at the time of the taking, regardless of post-taking remedies that may be available to the property owner. In sum, because a taking without compensation violates the self-executing Fifth Amendment at the time of the taking, the property owner can bring a federal suit at that time.”
As many Realtors® are aware, property owners had previously been required to exhaust all remedies to receive just compensation for private property seizure in state court before they could escalate the case to federal court.
Going forward, property owners will have both state and federal court available to redress their property rights. NAR expects this new development to prompt state and local governments to be more strategic regarding takings, especially in the areas of land use planning and environmental regulations, in order to avoid the uncertainty of litigation in federal court. Considerations surrounding compensation should intensify and increase, as well.
RTD is proposing to ELIMINATE the Federal Center stop on the commuter route from Evergreen/Conifer. They are holding a public meeting Wed. June 6 at 7pm at Evergreen Fire on Bergen Parkway to see what we think. MAKE YOUR VOICE HEARD. This impacts locals attending Red Rocks Community College, working at the Federal Center and more. Here are the details on changes: http://www.rtd-denver.com/servicechanges-august2018.shtml
The Certified Mountain Area Specialist (CMAS) designation was designed years ago by MMAR to help our agents understand more about mountain area intricacies that make our market unique. This certification is NAR recognized and MMAR owned. The original intent of designers of CMAS was to offer it to other associations who could also benefit from the knowledge and it has always been open to Realtors from other associations who wanted to come to Evergreen to attend the classes. However, a number of issues caused MMAR to delay offering the CMAS to a broader audience until now.
In 2017 the MMAR Board of Directors approved a new designation the CMAS-Affiliate. This allows all current MMAR Affiliates to also obtain the designation. Also in 2017, the Chairman’s Advisory Group, comprised of Employing Brokers from the MMAR service area recommended that CMAS finally fulfill it’s original intent and be offered to other Realtor Associations who conduct business in the foothills and mountain areas. The idea was that Realtors are already doing business in those areas and it is better to work with someone who understands the mountain area issues than one who does not.
In March, 2018, 27 Realtors from the Estes Parker Board of Realtors became the first group to receive what is being called CMAS Zipped when we offered a two-day, eight class certification in Estes Park. The MMAR task force has been charged with locating other associations in Colorado who would also like to participate in this program.
MMAR members benefit greatly by offering these classes. Not only do we earn 100% of the income from the classes, we also earn residual income from the annual requirement classes to keep the certification. With this extra money, the board plans to buy needed equipment for MMAR training, hire a second part-time employee, and place extra funds in reserve in case of a down market. This will increase service levels to our Realtor and Affiliate members as well as continue to keep us financially strong.
One of the core tenants of MMAR is to help our members better serve the public through education. CMAS will continue to help our members and our Realtor/Affiliate colleagues to do the same now and in the future.
The stats are in! Check out what happened in April in the Foothills. The market area statistics for April are here from the Colorado Association of Realtors. Check out the many reports they produce for Mountain Metro Association members as a resource to you. Linked below you will find four area breakdowns to share with your clients and friends. Check back here for monthly updates!
Hey there! March Stats from CAR are here and the market is moving and shaking. Check out the latest right here every month! Check out the many reports they produce for Mountain Metro Association members as a resource to you. Linked below you will find four area breakdowns to share with your clients and friends. Check back here for monthly updates!
REColorado has announced its partnership with a new technology company available now called Remine. This product can be accessed through your current REColorado login and connect dashboard. Below are details and information about the product.
Remine is a new and innovative tool that puts agents in the center of the transaction, providing them with more content, data, and actionable intelligence than anywhere else. It is a property intelligence platform that brings property data and consumer data together to reveal opportunity and motivation.
REcolorado subscribers will be able to use Remine to search, track, and filter properties. REcolorado subscribers will receive the following Remine services as part of their REcolorado subscription:
Access to Remine, which includes public data and property index on specific properties, and the ability to search, filter, and track capabilities for 150 properties.
The ability to download reports, as well as display information with visual heatmaps
The ability to upload our own contacts into Remine.
If you are interested in learning more about how to use this insightful tool, MMAR Realtors can follow the link below to register for the upcoming class. Space is limited!
The market area statistics for February are here from the Colorado Association of Realtors. Check out the many reports they produce for Mountain Metro Association members as a resource to you. Linked below you will find four area breakdowns to share with your clients and friends. Check back here for monthly updates!
The market area statistics for January are here from the Colorado Association of Realtors. Check out the many reports they produce for Mountain Metro Association members as a resource to you. Check back here for monthly updates.
More than 250 Realtors including many of Mountain Metro Association’s board members listened to economic overviews, Gubernatorial candidates panel and much more on Wednesday and Thursday last week as part of Colorado Association of Realtors’ Economic Summit and Realtor Day at the Capitol.
It was a packed two-day schedule really highlighting where this market has come and the challenges that face us in the next year. Anti-growth ballot Initiative No. 66 was a big topic of conversation among Realtors and candidates alike. All the potential Governors on the panel agreed that it would certainly not alleviate the affordable housing issues in Colorado and would oppose the measure.
Other key topics included infrastructure, transportation and affordable housing. Each candidate for governor offered their personal take on the situation and hopes for possible solutions.
Tracey Wilson with IPX1031 Exchange offered a thorough breakdown of the tax reform changes, some of NAR and RPAC’s big wins on the tax reform bill and his outlook for the coming year. He expects the inventory shortage will remain constant this year as we see several FED rate increases.
MMAR strives to keep its members informed and invites participation on a state and national level. The Realtor Political Action Committee plays a huge roll in determining the outcome of decisions for homeowners and our industry. Find out more about RPAC here
If you live in the Colorado foothills, chances are you’ve encountered the pesky voles and pocket gophers, or at least the mounds and trails of devastation they leave behind in yards, fields and pastures. Once established in an area, they are difficult to exterminate, and cannot be easily convinced to take up residence somewhere else. It’s not impossible, but eradication typically requires a multi-prong attack and lots of persistence. Many have waged this battle with a variety of weapons – traps, sonic devices and rodent baits – with limited effectiveness. Despite this, consumers continue to use toxic pesticides that contaminate the water supply and pose a health hazard, particularly to children and pets.
Don’t despair! It’s time to call on the Vole Patrol! Neighborhood barn owls can decrease the need for toxic remedies by acting as a natural and safe control for rodent pests. Realtors and Affiliates at the Mountain Metro Association of Realtors (MMAR) have joined forces with our local barn owls to help homeowners eradicate the troublesome rodents by building and selling barn owl nesting boxes, providing habitat for this native raptor species.
Voles and pocket gophers are common throughout our foothills community, wreaking havoc with networks of tunnels and a ravenous appetite for plants, especially flowers, shrubs, bulbs and our vegetable gardens. Vole damage in lawns and gardens can be identified by their extensive runways, small holes, damaged plant roots and yellow wilted plants. Pocket gopher damage can be identified by their fan-shaped mounds.
Voles resemble a mouse, with a round, stout body; gray or brown fur; short legs and tail; a blunt nose, tiny eyes and fur-covered ears. They are 4 – 7 inches long, including the tail, and are also known as field mice, or meadow mice. Pocket gophers are larger, growing to 5 – 13 inches, with long bodies; tan to almost black fur; external cheek pouches; a short hairless tail and large whiskers; clawed front paws and two yellowish colored incisor teeth. Although pocket gophers have a typical life span of less than three years, and voles only 2 – 6 months, they are prolific breeders, with pocket gophers producing multiple litters of 3 – 4 individuals, and voles producing 5 – 10 litters per year with 3 – 6 young per litter!
The good news is that barn owls are also abundant in the Colorado foothills, and they specialize in hunting small ground mammals. The barn owl is one of the most wide-spread of all land birds, standing about 12-15” tall, weighing 15-20 oz. and having a wingspan up to 42”. Their feathers are a beautiful blend of browns, white and grays, and they are most easily identified by their heart-shaped white facial disk.
Many different habitats are home to the barn owl, but they are most common in open grasslands and sparse woodlands. They usually roost by day in tree hollows, cavities in rock outcrops, barns and old buildings, and a variety of man-made houses. Despite their large numbers, they are rarely seen since they are generally nocturnal, hunting silently at night, and can best be spotted when they emerge at dusk, or in the early dawn on their way back to the nest to roost.
With its extraordinarily sensitive hearing and eyesight, the barn owl is a specialist in hunting small ground mammals. Voles, pocket gophers, mice and rats make up the majority of its diet. Over a whole year a pair of barn owls and their family will eat several thousand of the pesky rodents! Their roosts are also home to the nests, where they lay their eggs and hatch 3 – 6 fledglings once a year in late spring and summer.
Now is the ideal time of year to put up a nesting box, to attract the barn owls and hopefully get some help controlling the voles and pocket gophers. Boxes can be placed in trees and a variety of structures such as barns and silos, or mounted on a free-standing wood post or metal pole. It may take a year or more, and one or two nesting cycles for the owls to move in, but once they’ve discovered a box, it will often be used year after year. The boxes can be purchased through any Realtor or Affiliate member of MMAR, and help is available for choosing a good location and mounting the boxes. Net proceeds from all box sales will be used to place boxes on public lands and open spaces, and donated to local charities. Happy hunting!
Hot tub does not equal Jacuzzi®. Cowboy does not equal Stetson®. Tissue does not equal Kleenex®. Slow cooker does not equal Crockpot®. Lip balm does not equal Chapstick®. Reusable container does not equal Tupperware®. The first item in all of these statements as compared to the second branded item is not only a generic name, but most often it represents the difference between poor to average quality, and superior and proven quality.
Then there is this: Real Estate Agent/Licensee does not Equal REALTOR®. The same theory applies in this analogy. Many people in the public arena do not have any idea that there is a difference between a Realtor® and a Real Estate Agent or Licensee. There are many very important differences, all of which typically seriously impact the Public when entering into a real estate transaction. Whether you are Buying or Selling within the Continental U.S., if you choose to work with a Realtor® (as opposed to a Real Estate Agent or Licensee), the end results and satisfaction levels to your transaction will often have very different outcomes for you, the Consumer.
So, what is the difference between a REALTOR® and a Real Estate Agent/Licensee? There are many significant differences. However, at the top of the list of the most valuable and important differences, are the National Association of Realtors® (NAR) Code of Ethics and Professional Standards.
So, what’s the big deal about these? All Realtors® have voluntarily agreed to abide by this Code of Ethics and Professional Standards based on professionalism and protection of the Public. It is a detailed document that spells out the professional responsibilities of every Realtor®. The NAR is the governing body that all members of the Association must ultimately answer to in any transgressions they have conducted, including harming the Public and their fellow Realtors®. In fact, members are subject to disciplinary action and sanctions if they violate the duties imposed by the Code of Ethics.
Real Estate Agents/Licensees do not subscribe to and are not subject to The Code of Ethics or Professional Standards, as a direct result of choosing to not be a member of the governing association.
Don’t Realtors® ever ‘transgress’ against the public or each other? Indeed they do, whether intentionally or unintentionally. The NAR governing body has set up a method of self-policing, via a formal complaint process, which is then presented to the Ethics and Arbitration committees at the local and state association levels. The complaints are analyzed, and if they prove to have solid merit, formal hearings are conducted in front of a panel of working Realtors®, completely unrelated to the transaction. Depending on the severity of the complaint and the Hearing Panel’s decision, the end results are any combination of both fines and updated classes to the offending party.
As a long standing member of the Colorado Association of Realtors® Professional Standards Committee, I have personally been a part of many ethics hearings over the years, and have seen this process be extremely effective and efficient in policing Realtors®. A very experienced real estate attorney representing one side of an argument in a hearing said he commended the process and, “ “wished that attorney’s had the same outlet for bad behavior (in their industry).”
So what should I look for when searching for when Buying or Selling real estate? Do not hesitate to ask the people you are interviewing if they are a Realtor® and ask that they provide you with The Code of Ethics, including the Standard of Practices. These Standards lay out the very specific conduct we as Realtors® subscribe to and are held to by the NAR. It is the core of what makes the difference between Realtors® and Real Estate Agents/Licensees.
My 22 years as a Realtor® (all here in these Mountain Communities), have included many years of service to the Local, State and National Associations that help keep Realtors® in line with the Code of Ethics. I am so proud to be a part of the Realtor® community, and all that it represents. Particularly, our local Mountain Metro Association of Realtors® membership is dynamic, educated, professional, ethical, and very community oriented.
Don’t forget to ask “Are you a REALTOR®?” in your next real estate transaction!