This report examines the background of the Kelo decision, looks at the current state of eminent domain protections in Texas, and makes recommendations about what must be done to restore the centrality of private property rights that existed when our nation and our state were founded.
Property Rights
Restoring Private Property Rights: Regulatory Takings
Municipal regulations like zoning ordinances can infringe on private property rights and distort the housing market. Key points: Private property rights are under threat from municipal zoning ordinances and design mandates. Texas law has failed to adequately protect property owners from regulatory takings. By closing the municipal loophole, Texas can be the national leader in...
April 6, 2026