TX Attorney General Opinion. Disasters + Commandeering Property.

Who is asking for an attorney general opinion? The Hood County Attorney

What questions does the Hood County Attorney want answered?

  • May local governments commandeer private property under Government Code Section 418.108, when this authority is only vested in the governor under section 418.017(c)?
  • Is temporarily closing business or access to a business a depravation of private property without the due course of law under the Fourteenth Amendment to the U.S. Constitution and Section 19 of the Texas Bill of Rights? 
  • Are the state and local executive orders unconstitutional under the Texas and United States Constitutions?

RQ-0342-KP