Since its inception, the Texas Public Policy Foundation has emphasized the importance of private property rights, not only as rampart of limited government, but also as the indispensable base of a free market economy as well as the financial success this state has witnessed, thanks to the Texas Model. To that end, the Foundation has conducted repeated inquiries as to quality of Texas’ eminent domain laws, placing special significance on how the government can better thread the needle, which defines the precarious balance between public necessity and individual liberty.
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,...