Cities and counties oppose using “possession, occupation, and enjoyment” because it would lead courts to stop the practices that the cities and counties want to continue: using eminent domain to take property from one property owner and give it to another to enhance local government tax revenue.
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