Land Use & Property Rights
Houston churches that were facing eminent domain to make way for a new Housing Authority development, have sued to stop the eminent domain based on the Religious Freedom Restoration Act (RFRA).
RFRA is usually only a hot topic when conservative activists want to strengthen it to stop the social issues they oppose.
But, the use of RFRA by the churches to stop eminent domain adds an added lawyer of constitutional protection. Now the local governmental entity will have to prove:
Previously on Information Intelligence:
Two 5th ward churches are in a brewing eminent domain battle over property that the Houston Housing Authority would like to develop for low income housing and a library. This story has it all- historic churches, a wheel chair bound pastor, and a city relying on recommendations from the neighborhood itself.
The churches:
The legal actions:
Let’s not forget the KY judge, who in 2014 stopped eminent domain at the trial court level because a church’s First amendment rights trump that of a government’s eminent domain authority.
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