Texas has taken some steps since Kelo in moving toward protecting its citizens from eminent domain abuse. The Legislature banned takings for economic development purposes in 2005, but left a big loophole allowing these to continue in the case of loosely-defined blight conditions.
Restoring Private Property Rights: Regulatory Takings
Municipal regulations like zoning ordinances can infringe on private property rights and distort the housing market. Key points: Private property rights are under threat from municipal zoning ordinances and design mandates. Texas law has failed to adequately protect property owners from regulatory takings. By closing the municipal loophole, Texas can be the national leader in...