In KMS RETAIL ROWLETT v. the City of Rowlett, the Texas Supreme Court this fall heard arguments over whether a road easement in a commercial development project violated the Texas Legislture’s legislative repsonse to Kelo v. City of New London.
The trial court and appellate court agreed that the roadway easement falls into a transportation exception on the prohibtion against eminent domain for economic development purposes in Texas Government Code Sec. 2206.001
What legislative fixes could arise?
- eliminating driveways from transportation exception
- whether private parties can reap any financial gain from eminent domain
Dallas Business Journal | Rowlett condemnation case tests post-Kelo statute.