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.
Property Rights
Watch out for that tree!
Are you familiar with your local tree ordinances? If not, you might want to do some research before breaking out the chainsaw. Cities and townships across the country have some version of tree-related rules that property owners must follow, or face consequences. The Center for the American Future, TPPF’s public interest litigation team, has now challenged...
August 6, 2026