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.
Local Government
An Error and an Opportunity
Earlier today, a Travis County district court judge found in favor of several left-leaning cities and deemed unconstitutional House Bill 2127, an ambitious new law aimed at stopping the progressive agenda using a concept known as “field preemption.” While the court’s rationale was not entirely clear, the judge was seemingly persuaded by the city of...
August 30, 2023