I have been researching the Texas constitution, Texas Administrative Code, the Local Code, and such case law as I have been able to find, as well as some legal research works in law journals. The short story is that Home Rule Cities have far ranging authority to regulate. Yet they are subject to private property rules that can create takings claims.
I have put together my thoughts on this subject (at least the first part, our authorities) at my gas wells issue page.
Sunday, April 25, 2010
My thoughts on the City's legal powers to regulate
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