Municipal tree-cutting ordinances are more than a nuisance; they effectively seize the property impacted by the regulation. If a landowner wishes to remove a tree in order to construct an improvement—such as a backyard swing set—and cannot, that area has been taken by the government without any compensation.
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...