Downzoning in Texas

Abstract

Texas has long been regarded as a middle-of-the-road jurisdiction on land use issues, setting no strong precedent that favors either property owners or local governments on constitutional disputes. In 2002, however, the Texas Court of Appeals, in a substantial departure from prior law, ruled that the City of Glenn Heights, in “downzoning” part of a planned unit development site, violated the state constitution's prohibition against the taking of land without payment of just compensation. This ruling, together with the Texas supreme court's long delay in deciding an appeal of the case, has had a chilling effect on the zoning practices of many Texas cities.