AUSTIN – Today the Texas Public Policy Foundation filed an amicus brief in an eminent domain case supporting KMS Retail’s fight against an illegal taking by the City of Rowlett.

“Private property rights are the bedrock of liberty and a free society,” said Bill Peacock, vice president of research at TPPF. “The Texas Supreme Court should take this opportunity to ensure that the City of Rowlett and lower Texas courts do not override or undermine the timeless protections of private property enshrined in the Texas Constitution.”

As the brief explains, the City of Rowlett illegally condemned and seized a private driveway belonging to KMS Retail to benefit a private developer seeking easier access to its proposed commercial site. Upholding such a taking of private property for a non-public use would violate the private property rights of KMS and threatens the property rights of all Texans.

“The City of Rowlett’s condemnation of the KMS’ property to create a road solely benefiting the neighboring commercial property exceeds the meaning of public purpose,” said Robert Henneke, director of the Center for the American Future and general counsel at TPPF. “The Texas Constitution rejects the use of eminent domain to convey a benefit to a private party. This case affords the Texas Supreme Court the opportunity to strengthen private property rights and protections against abusive eminent domain practices, which we urge the court to consider.”

For more information, please contact Alicia Pierce at [email protected] or 512-472-2700.    

Texas Public Policy Foundation is a non-profit free-market research institute based in Austin that aims to foster human flourishing by protecting and promoting liberty, opportunity and personal responsibility.

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