Texas legislators have been struggling with eminent domain reform during this legislative session. While reform is needed, the bills that have been considered are founded on the same faulty premise as eminent domain. Two wrongs won’t protect property rights. Eminent domain is founded on the premise that private property can be seized for a “public…
Senate Bill 2373 would allow the Texas Attorney General to sue social media companies for restricting users’ freedom of expression. Such restrictions are widely being called censorship. The truth is, no private entity can engage in censorship. It may ban the expression of certain ideas on its platform, but it cannot penalize individuals for expressing…
Reforming the state’s eminent domain laws has attracted a lot of attention from Texas legislators and interest groups during this year’s legislative session. Unfortunately, there is a great deal of confusion over what property rights are. For example, Billy Howe of the Texas Farm Bureau was recently quoted: The legislature gave them [entities with eminent…
In recent years, transparency has become a popular political buzzword. From legislators to taxpayers, everyone seems to want government to be more transparent. As one example, the eminent domain reform bill recently passed by the Texas Senate is aimed at making the process more transparent. As another example, a bill introduced by State Senator Lois…
A recent article on Texas Public Radio illustrates what happens when the courts abandon one of their primary responsibilities: defining legal principles. Referring to a recent case in which the U.S. Supreme Court ruled that the Constitution’s prohibition on excessive fines applies to the states, the article notes: “It’s a landmark ruling because it made…
The Austin Historic Landmark Commission recently ruled against designating the former home of a Texas Supreme Court justice an historical landmark worthy of government protection. According to the Austin Monitor, While commissioners determined that the house in question, 3204 Bridle Path, could be repaired, they did not find it architecturally significant enough to encourage that…
The Texas House recently heard testimony on the regulation of short-term rentals (STRs) by local governments. The City of Austin has targeted STRs that are not occupied by the owner. According to the Austin Monitor: Daniel Armstrong, a code enforcement officer with the city, told the House Urban Affairs Committee that the bill would kneecap…
Opponents of short-term rentals (STRs) often claim that the owners of such properties are operating a commercial business in a residential area. In most neighborhoods, either zoning or deed restrictions prohibit such activities. As an example, last year, the Texas Supreme Court ruled in favor of an STR owner who was cited by his homeowners…
A new group has been formed to oppose the proposed bullet train between Dallas and Houston. ReRoute the Route–a coalition of land owners, elected officials and business leaders– is arguing that, “This project needs to be built right, using existing right of way and connecting to city centers; or not built at all.” In other…
With the Texas legislature in session, calls for reform of existing laws regarding property rights resound across the state. One of the primary targets is eminent domain. While the state’s current eminent domain laws certainly violate property rights and work against land owners, reform is not the solution. Reform means “to put or change into…
In 2014, Philadelphia police seized the home of Christos and Markela Sourovelis. Their son, who lived with them, had been arrested for selling forty dollars of drugs. The Sourovelises were kicked out of their home, the doors were screwed shut, and the utilities were cut off. Though they had done nothing wrong, they were homeless…
A recent article at The Hill claims that property is a fundamental right. This claim illustrates why property rights are widely attacked and violated. The article approvingly states: For liberals, property rights is a question of human rights and human decency: every human is entitled to a secure roof over their head and a plot…