Court Opinion · Bad-Faith Authority

The State of Texas and Kyle Madsen in His Official Capacity as Director of Right of Way v. Jrj Pusok Holdings, LLC

Court: Texas Supreme CourtFiled: 2026-06-12

Excerpt

**The State of Texas and Kyle Madsen in His Official Capacity as Director of Right of Way v. Jrj Pusok Holdings, LLC** Court: Texas Supreme Court Filed: 2026-06-12T00:00:00-07:00 URL: https://www.courtlistener.com/opinion/10874237/the-state-of-texas-and-kyle-madsen-in-his-official-capacity-as-director-of/ held that a regulatory taking can occur even when the regulation at issue—an ordinance requiring construction two feet above the floodplain—resulted from a valid exercise of police power and was intended to ensure compliance with the National Flood Insurance Program. 711 S.W.3d 666, 681, 684 (Tex. 2025). All of these cases illustrate the Steele principle: when the government denigrates the
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