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State immune from suit for mineral interest relating back to Spanish land grant

Galan Family Trust v. State of Texas, et al, 03-15-00816-CV (Tex.App— Austin, February 24, 2017) This is an inverse-condemnation/trespass-to-try-title case where the Austin Court of Appeals affirmed the dismissal of the Plaintiff’s claims. The Galan Family Trust (“Trust” or “Plaintiff”) … Continue reading

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City held to be acting both in a proprietary capacity and a governmental capacity involving lease for mineral interests says Dallas Court of Appeals

The City of Dallas v. Trinity East Energy, LLC, 05-16-00349-CV(Tex.App— Dallas, February 7, 2017) This is an interlocutory appeal from the granting-in-part and denial-in-part of a plea to the jurisdiction involving an inverse condemnation claim for mineral interests. The Dallas … Continue reading

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City not responsible for prosecuting condemnation suit unless and until served with citation by objecting property owner says 6th Court of Appeals

  James B. Bonham Corp v. The City of Corsicana, 06-16-00026-CV (Tex. App— Texarkana, November 29,2016) This is an eminent domain proceeding where the Sixth Court of Appeals affirmed the dismissal of an appeal from a special commissioner’s assessment. The … Continue reading

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Utility properly asserted jurisdiction against LCRA officials for water right declaration

Phil Wilson , in his official capacity as general manager of the Lower Colorado River Authority, et al.  v. New Braunfels Utilities, 03-16-00077-CV ( Tex. App—Austin, July 22, 2016) This is a dispute between two entities regarding water rights where … Continue reading

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Trial court properly declined to appoint condemnation commission before hearing plea to the jurisdiction says Texas Supreme Court

In Re Lazy W District No. 1. , 15-0117 (Tex. May 27, 2016) This original mandamus proceeding involves two governmental entities, one of which petitioned for condemnation of a water pipeline easement across the other’s land. The Tarrant Regional Water … Continue reading

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Ordinance 30 day limitation to appeal BOA determination was not a statutory prerequisite, so trial court retained jurisdiction of takings claim

Nancy Wedgeworth v. City of Amarillo, et al. 07-15-00301-CV (Tex. App. – Amarillo, May 17, 2016) This is a structural standards case where the Amarillo Court of Appeals reversed the trial court’s granting of a plea to the jurisdiction. Wedgeworth … Continue reading

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In this condemnation case the Texas Supreme Court held it was harmful error to exclude the property owner’s evidence on project diminishment

CAFFE RIBS, INCORPORATED v. STATE OF TEXAS 14-0193 (Tex. April 1, 2016) This is a condemnation case where the Texas Supreme Court held the property owners were entitled to admit evidence regarding the State’s interference with mitigating property to improve … Continue reading

Bona fide offer before condemnation can commence is not a jurisdictional prerequisite says 14th Court of Appeals

City of Rosenberg v. The State of Texas, 14-15-00745-CV (Tex. App.—Houston, [14th Dist], October 13, 2015) The City of Rosenberg owns property the State is seeking to obtain for purposes of highway improvement over which it initiated condemnation proceedings against … Continue reading

Bridge reconstruction which prevented property owner from turning is trailer into property was not a material or substantial impairment to access says First Court of Appeals

Darrell Church v. City of Alvin, Texas 01-13-00865-CV (Tex. App. – Houston [1st Dist.] June 25, 2015) In this inverse condemnation involving decrease access to a driveway entrance the Houston First District Court of Appeals affirmed the granting of the … Continue reading