The Facts
* Property rights are essential for economic prosperity and development.
* The Supreme Court of Texas has made many strides of late in protecting property rights from abuse by executive agencies and legislative acts, and has turned away from strict deference to the Legislature.
Recommendations
* Amend statute to shift the burden of proof in all property rights cases from the land owner to the condemnor.
* Reduce judicial deference to the decisions of executive agencies and local governments.
* Restore the constitutional right to both own and use property. Current case law, as held by the Texas Supreme, says, “Property owners do not acquire a constitutionally protected vested right in property uses.”