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St. Mary's Law Journal

First Page

125

Date Created

4-2021

Publisher

St. Mary's University School of Law

Editor

Melissa Fullmer

Last Page

151

Abstract

On March 11, 2020, Mayor of Houston, Sylvester Turner, (the Mayor) forced the Houston Livestock Show and Rodeo to close in order to slow the transmission rate of COVID-19 (coronavirus disease 2019). This use of the Mayor’s police powers caused a severe economic disruption, which the Rodeo is still recovering from today. This Article makes the case that the City’s forced closure of the Rodeo was a compensable taking under the Fifth Amendment to the U.S. Constitution and Article 1, Section 17 of the Texas Constitution—regardless of the fact the City acted pursuant to its police powers. Such a finding is necessary to ensure the protection of private property rights and prevent the public from loading upon one individual more than his just share of the burdens of government.

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