Police Power & Takings
March 24, 2025The supreme court’s detailed review of a takings issue in Commons of Lake Houston v. City of Houston turned on this basic point:
“[W]e have long rejected ‘the notion that the government’s duty to pay for taking property rights is excused by labeling the taking as an exercise of police powers.’ Indeed, whether a regulation constitutes a valid exercise of the police power—or promotes any other important public policy, purpose, or interest—is simply irrelevant to whether the regulation causes a compensable taking.”
No. 23-0474 (Tex. March 21, 2024) (citations omitted).
