Land Use & Property Rights
This month the Texas Supreme Court ruled that local transportation projects are exempt from the 2005 Kelo fix to Texas eminent domain laws.
What part of the law did the Court find the exception in?
“[t]his section does not affect the authority of an entity authorized by law to take private property through the use of eminent domain for: (1) transportation projects, including, but not limited to, railroads, airports, or public roads or highways…”
So… what are legal types saying? potentially all roads are excepted from the Kelo related limitations on eminent domain.
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