The City of Rowlett’s (“the City’s”) authority to size 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.
Come and Build It: Housing Policy Reform in Texas
Texas is short more than 300,000 housing units, while 90% of Texans are worried about affordability. To ease these twin crises, policymakers passed an ambitious set of free-market-minded measures to boost supply and lower costs. Key points: The 89th Texas Legislature passed five key housing market reforms to increase supply, reduce government interference, and improve...