In this compelling conversation, David Deerson, an attorney with Pacific Legal Foundation’s property rights practice group, sits down with host Mary Schuster to examine the evolving landscape of private property protections in the U.S. from eminent domain overreach to excess equity takings and inclusionary zoning policies. With deep expertise in land use, eminent domain, and regulatory takings, Deerson brings clarity and passion to issues that impact both individual homeowners and national housing policy. They walk through real-world cases, legal wins, and the trends every real estate professional should be watching. With insight into both litigation and legislation, this episode equips title professionals, real estate attorneys, and settlement agents with tools to spot red flags, understand the risks, and engage with efforts to defend constitutional property rights.
Chapters:
1:30 - Guest Introduction: David Deersen
3:00 - Understanding Property Rights
6:15 - Eminent Domain Explained
10:45 - Home Equity Theft: The Tyler Case
15:30 - Legislative Responses to Home Equity Theft
20:00 - Inclusionary Zoning Policies
25:00 - Legal Challenges and Supreme Court Victories
30:45 - State vs. Local Control in Real Estate
35:00 - Advice for Real Estate Professionals
40:00 - Future Legal Concerns in Property Rights
Get In Touch…
Guest email: [email protected]
The Legal Description editor email: [email protected]
More Resources…
Pacific Legal Foundation: https://pacificlegal.org/
The Legal Description’s Excess Equity Watch Library: https://www.thelegaldescription.com/TLD/ExcessEquityWatch.aspx
To search active PLF cases near you or to look at model legislation from PLF: State Policy | Pacific Legal Foundation
For more coverage from The Legal Description as well as subscription info or free E-News signup: https://www.thelegaldescription.com
Home Equity Theft by State (map by PLF): https://homeequitytheft.org/
To email the host:
Mary Schuster (Host), [email protected]
To find more episodes of “Keys to Real Estate” or learn more about October Research – the nation’s leading independent provider of market intelligence, industry news, expert analysis and regulatory information for professionals in the real estate, title, financial and settlement services industries – visit www.OctoberResearch.com.
Episode sponsored by Closinglock – https://www.closinglock.com
Episode produced by October Research – https://www.octoberresearch.com