Texas Enacts Law Limiting Property Seizures
In response to the Supreme Court's decision last term in Kelo approving state seizure of property for economic development, the Texas legislature passed a law restricting such seizures. Texas Governor Rick Perry signed the bill into law Wednesday.
Under the Constitution, governments cannot take private property for public use without ''just compensation.'' Local governments have traditionally used their eminent domain authority to build roads, reservoirs and other public projects. But over decades, the high court has expanded the definition of public use, allowing cities to employ eminent domain to eliminate blight.
In June, the Supreme Court ruled 5-4 that New London, Conn., could take homes for a private development project. But the ruling also allowed states to ban the practice.
My thoughts (personal, not legal) on the Kelo decision are here. Last Night in Little Rock's are here.
Tag: Kelo
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