Texas Supreme Court
NFIB is asking the Texas Supreme Court to determine whether the Texas Constitution’s Takings Clause allows a government entity to negotiate a direct purchase of private property from one of several property owners and then claim that, because of the purchase, the government entity is now a private party not required to compensate owners of remaining interests. Letting this ruling stand will also have particularly detrimental effects on small businesses.
Status: DECIDED. Amicus brief filed 04/27/09. The petition was denied on October 23, 2009.