The City of Rowlett’s (“the City’s”) authority to size private property through eminent domain is strictly limited by the Texas Constitution and Texas law. Nevertheless, the City illegally condemned and seized a private driveway belonging to Petitioner KMS Retail Rowlett, LP F/K/A KMS Retail Huntsville, LP (“KMS”) for the sole benefit of a private developer that sought easier access to its proposed commercial site. Such taking of private property for a non-public use violates the private property protections enshrined in the Texas Constitution and Texas statutes. The Appellate court’s opinion to the contrary in this matter must be reversed.
Local Government
Cities’ Favorite Affordable Housing Tool Doesn’t Build Housing. It Blocks It.
Across the country, many cities have settled on the same fix for housing shortages: order developers to include affordable units in every new project, or charge a fee if they don’t. Boston does it. So does San Francisco, Chicago, and Denver. The pitch is that affordability comes free, paid for by the market-rate units next...
September 17, 2026