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.
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...