A change in homeowners’ insurance regulation passed by the 78th Texas Legislature goes into effect in December 2004. Because it transforms the state from a “flexible band” to a “file and use” regulatory environment, the law – SB 14 – in theory moves Texas closer to being a free market in insurance. In the context of the homeowners’ insurance market as a whole, this paper examines the hoped-for positive outcomes and potential pitfalls of SB 14, which includes a provision for “subsequent disapproval” rulings by the insurance commissioner.
Property Rights
Housing Is Too Expensive. Blame Your Local Tree Ordinance.
Matthew Bernard wanted to build a home. He bought a small lot in Oakland, California, and began clearing several diseased and fallen trees that the local fire department had identified as hazards. The result was a $915,000 “mitigation fee” from the city of Oakland—nearly five times the value of the lot itself. Under Oakland’s tree ordinance,...
August 27, 2026