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.
Property Rights
Housing Is Too Expensive. Blame Your Local Tree Ordinance.
Matthew Bernard wanted to build a home. He bought a small lot in Oakland, California, and began clearing several diseased and fallen trees that the local fire department had identified as hazards. The result was a $915,000 “mitigation fee” from the city of Oakland—nearly five times the value of the lot itself. Under Oakland’s tree ordinance,...
August 27, 2026