Texas needs a positive definition of “public use” in its eminent domain legislation. Legislative changes in 2005, in response to Kelo, attempted to solve this problem, but they came up short. This analysis takes a look at three of the bills up for consideration this session.
Property Rights
Historic Preservation Commissions Tread on Property Rights
John Mark Slack wanted to restore his historic San Marcos home for livability. But San Marcos’ Historic Preservation Commission demanded that in order to get a Certificate of Appropriateness—its stamp of approval—he must replace the roof, siding and doors; broaden the front porch, and add skirting to their specifications. But commissioners didn’t stop there. In...
August 20, 2025