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
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