1998 Legal Outlook

Two major federal court decisions impacting the real estate industry are expected in 1998.

December 1, 1997

In National Association of Home Builders v. U.S. Army Corps of Engineers, which NAR has joined as a plaintiff, the U.S. District Court for Washington, D.C., will decide whether the corps violated administrative procedures when it changed the rules in December 1996 for wetlands development.

NAR says that changes in Nationwide Permit 26 significantly restrict the extent to which wetlands can be affected without an individual permit from the corps. In addition, the revised permit expires after two years rather than the customary five-year period.

In Pearson v. Edgar, the state of Illinois is appealing to the 7th U.S. Circuit Court of Appeals a trial court's decision concerning the state's real estate antisolicitation law.

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