In its recent Kelo decision, the Supreme Court essentiallyrewrote the Public Use Clause of the U.S. Constitution. The Texas Legislature responded and took a step in the right direction, but more must be done to adequately protect Texans’ property rights.
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...