For most property, ownership is a straightforward issue. We give the auto dealer money and in return we receive ownership of a vehicle. We give the grocer money and in return receive ownership of a basket of food. The exchange of values transfers ownership. Ownership in these instances is straightforward because we are dealing with…
A new state law requires a three-fourths vote by zoning commissions that want to designate a property as historic over the owner’s wishes. Austin, which previously required a two-thirds vote in such situations, recently found that the new law might stymie some of its attempts at historic preservation. The city’s Historic Landmark Commission recently met…
John Yearwood, who lives in Central Texas, faces fines and imprisonment unless he obtains permits from the United States Fish and Wildlife Service (USFWS) to use his own property. The USFWS alleges that an endangered species of spider might live on Yearwood’s property. Yearwood is a decorated Vietnam veteran. Which means, he risked his life…
When Gov. Greg Abbott signed a bill legalizing the growing of hemp in Texas, he created problems for law enforcement agencies. Federal law defines hemp as having less than .3 percent THC (the active ingredient in marijuana). While the tests currently used by law enforcement in Texas can detect the presence of THC, those tests…
The Texas Public Policy Foundation has an excellent article on “green” energy initiatives in Texas. Such initiatives have been pursued in Austin, Georgetown, and San Antonio, all of which have a municipal electricity provider. The article notes that these initiatives are a triple whammy to consumers. First, consumers are forced to purchase their electricity from…
The construction of pipelines in Texas seems to pit two of the state’s values against one another. The Texas economy is heavily dependent on oil and gas. The construction of pipelines to transport those products often results in the seizure of private property through eminent domain. Texans value property rights, and eminent domain is a…
Law enforcement agencies and prosecutors claim that civil asset forfeiture (CAF) is a crucial tool in fighting the “war on drugs.” CAF allows law enforcement agencies to seize property suspected of being involved in a crime. The Texas Tribune recently published a story that examines CAF in four Texas counties. Interestingly, in about 40 percent…
The Court of Appeals First District of Texas recently ruled that Houston’s preservation ordinance doesn’t violate the city charter, which prohibits zoning. In the ruling, the court found that preservation ordinances are often a part of zoning, but the plaintiffs presented no authority indicating that the legislature’s grant of authority to pass zoning laws displaces…
The city of Cuero has a vacant building ordinance that requires property owners to maintain vacant buildings or else. And as with anything involving government, or else means that you will be fined, sent to jail, or have your property seized. Defenders of the ordinance make a number of arguments in favor of issuing threats…
According to Politico, the budget passed by the Texas Legislature in the recent session establishes new metrics for evaluating school success rates that shift focus away from “performance statistics,” such as standardized test scores, and toward “success statistics,” like graduation rates, enrollment rates in post-secondary education like college or vocational school, and estimated income of…
A recent article about short-term rentals (STRs) in Corpus Christi begins with the question: “Should companies like Airbnb be allowed to do business in Corpus Christi?” The principle underlying that question poses a threat to every productive individual. Individual rights protect our freedom to act as we judge best, so long as we respect the…
For most Americans, July 4th is a time to celebrate the nation’s independence from Great Britain. Certainly, that was the prominent aspect of the Declaration of Independence. But more fundamentally, the Founding Fathers declared the independence of the individual from the State. Through human history, and even in most of the world today, the individual…