By Billy Howe
TFB State Legislative Director
Sometimes it seems people believe the legislature’s power is unlimited; that the legislature has no constraints on determining our state’s public policy, or the regulatory authority they can grant to state and local agencies.
However, it’s simply not true when it comes to private property rights.
Private property ownership and rights don’t come from the legislature. The courts determine if a landowner has a property right. Once that right is recognized, it is protected by the Takings Clause of both the Texas and U.S. constitutions. Both the court and the constitution provide the checks and balance to the legislature’s power.Read More