Securing Texans’ Private Property Rights

May 21, 2007

After a detailed interim study, the Legislature is addressing eminent domain in several pieces of legislation which are expected to soon be considered by the Texas Senate. This paper provides an analysis of key provisions of these bills.

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Michael Petrick v. City of Austin

Date Filed: July 27, 2026 Original Court: Western District of Texas, Austin Division Case Status: Active Litigation Case Summary: In August 2025, Michael Petrick purchased a home on a 0.28-acre lot in Austin, Texas, in preparation for the birth of his first child. The property contained three overgrown trees. One tree was splitting and posed...

July 27, 2026

Local Government

Texas Gave Cities a Tool for More Housing Affordability. Some Are Throwing It Away.

Housing affordability is one of the Lone Star State’s – and greater Houston’s – most pressing challenges. Recent estimates suggest Texas’ statewide housing shortage exceeds 300,000 homes, applying upward pressure on rents and prices in ways that squeeze working households, young families, and seniors looking to downsize. The gap is especially severe for first-time homebuyers,...

August 7, 2026

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

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Michael Petrick v. City of Austin

Texas Gave Cities a Tool for More Housing Affordability. Some Are Throwing It Away.

Housing Is Too Expensive. Blame Your Local Tree Ordinance.