The City of Rowlett’s (“the City’s”) authority to seize private property through eminent domain is strictly limited by the Texas Constitution and Texas law. Nevertheless, the City illegally condemned and seized a private driveway belonging to Petitioner KMS Retail Rowlett, LP F/K/A KMS Retail Huntsville, LP (“KMS”) for the sole benefit of a private developer that sought easier access to its proposed commercial site. Such taking of private property for a non-public use violates the private property protections enshrined in the Texas Constitution and Texas statutes. The Appellate court’s opinion to the contrary in this matter must be reversed.
The federal machine gun ban rests on a dangerous constitutional theory
If possession alone counts as interstate commerce, Congress can regulate almost anything. Think back to fourth-grade American history. We learned why the Articles of Confederation failed and why the Constitution replaced them. One major problem was that states struggled to trade with one another and often tried to protect local interests by taxing or restricting...