Legal Trend. Private Property Rights Claims in Texas Deer Breeder Rules.

What’s the background?

• Texas Parks and Wildlife Department promulgated rules to curtail chronic wasting disease
• Some deer breeders sued to stop the rules.
• Lower Court upheld the rules
• An appeal by deer breeders alleges property rights violations

What are the property rights claims in the appeal to the 3rd Court of Appeals? 

• There is a property interest in deer breeding
• There is a property interest in Texas Parks and Wildlife licenses
• The Texas rules refer to deer as “private property”

As private property, the rules amount to a taking of private property without just compensation.

Deer Breeders brief to the 3rd Court of Appeals

Statesman | Texas deer breeders challenge ruling on state’s disease regulations