When a state or municipality takes title to private property, the private property owner must be compensated for the property condemned by the government. The TexasConstitution calls for “adequate compensation” to be paid. At issue is what constitutes “adequate compensation” when private property in Texas is condemned by the State or a Texas municipality under the constitutional takings authority known as “eminent domain.”
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...