In the wake of the 2005 Kelo v. New London decision, Texas courts have made significant headway in the direction of protect- ing property rights, and correcting weaknesses in the protection thereof.

For example, in Laws v. Texas, a couple sought to prove that a tract of land condemned by the state was, in fact, capable of being divided into several self-sustainable economic subunits, whose value collectively was greater than the value viewed in the greater unit by the state. The Supreme Court, examining this situation, agreed that the Lawses, and by extension anyone else whose land is under government scrutiny, could provide evidence in court that their property is more valuable than the state estimates. The courts still make final decisions, but the state cannot constrain evidence in such proceedings.