Texas needs a positive definition of “public use” in its eminent domain legislation. Legislative changes in 2005, in response to Kelo, attempted to solve this problem, but they came up short. This analysis takes a look at three of the bills up for consideration this session.
Property Rights
Oakland fined this couple $915,000 for preventing fires. That’s 18 times the penalty for actual arson
Imagine buying a piece of property, being ordered by the government to clear it of fire hazards, and then being handed a near-million-dollar bill by that same government for doing exactly what it asked. It sounds like a dystopian satire of bureaucratic overreach, but for Matthew Bernard and Lynn Warner, it is a harrowing legal...
August 19, 2026