Paxton says tree ordinances may be unconstitutional,
Attorney general’s opinion comes day before special session.
City tree ordinances can violate the Texas Constitution if they deprive landowners of “all economically beneficial or productive use of land,” state Attorney General Ken Paxton said in a written opinion released Monday, one day before the Legislature begins a special session that will tackle the tree issue.
The “takings clause” of the Texas Constitution provides that “no person’s property shall be taken, damaged, or destroyed for or applied to public use without adequate compensation being made.”
Ordinances that regulate tree removal violate the takings clause if landowners are not fully compensated for restrictions that unreasonably interfere with their right “to use and enjoy their property,” Paxton concluded.
Paxton stopped short of saying that tree ordinances automatically violate the constitution, saying courts have said the issue must be determined property by property, weighing the private and public interests at stake.
Gov. Greg Abbott said he will add tree ordinances to the special session that begins Tuesday, saying they interfere with private property rights.
About 50 Texas cities regulate the removal of large trees — including Austin, Round Rock, Pflugerville, and West Lake Hills — saying trees are important to maintaining local character and preserving ecological balance.
Paxton’s opinion was requested by Sen. Donna Campbell, R-New Braunfels, who introduced legislation to overturn local tree ordinances during the regular session that ended in May.
During the special session, the fight against tree ordinances will be led by Rep. Paul Workman, R-Austin, and Sen. Bob Hall, R-Edgewood.