Property rights matter to Texans. For more than a century, the Texas Supreme Court has held that the Texas Constitution protects each individual’s right to use and develop his or her property in any way that doesn’t cause a nuisance or harm the neighbors. While other states and federal courts have taken an increasingly narrow view of property rights over the years, Texas courts have stood firm. As a result, housing in Texas has remained more affordable and dynamic than many other states, despite a growing population.

In January, the city of Houston will ask the Texas Supreme Court to abandon this tradition. In Powell v. City of Houston, the city argues that it has authority to regulate private homes for purely aesthetic reasons. Everything from what color you paint your home, to whether you put shutters on your windows, would be subject to government control.

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