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.
TPPF’s 2023 Year in Litigation
The Texas Public Policy Foundation’s Center for the American Future had a busy and successful year defending the Constitution. Below is a list of key victories, along with some new cases that launched in the last 12 months. VICTORIES 1. Stopped the feds from destroying Texas’ border barriers A federal court issued an injunction order...