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Category: Takings

Eminent Domain, Takings

Tx. Sup. Ct holds judgment void in land transfer even though city signed it.

April 6, 2013rhenry12598Leave a comment

TEXAS DEPARTMENT OF TRANSPORTATION AND CITY OF EDINBURG v. A.P.I. PIPE AND SUPPLY, No. 10-1020 (Tex.  April 5, 2013) In an inverse-condemnation dispute, two judgments (one in 2003 and one in 2004) conflict as to the extent of the state’s easement. In
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Eminent Domain, Takings

Texas Supreme Court holds reversionary interest in right to purchase is compensable.

March 29, 2013rhenry12598Leave a comment

El Dorado Land Co. v City of McKinney, NO. 11-0834, (Tex. March 29, 2013) This case has gone up to the Texas Supreme Court before on interlocutory appeal, back down, and now returns. This is an inverse condemnation lawsuit where the issue
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Eminent Domain, Public Works, Takings

Texas Supreme Court holds city responsible for “potential” flooding.

March 8, 2013rhenry12598Leave a comment

Kopplow Dev. v City of San Antonio, NO. 11-0104, (Tex. March 8, 2013) The question in this case is whether an inverse condemnation claim is premature when premised on the owner’s inability to develop its property as the city previously approved.  The
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  • Texas Supreme Court holds recklessness standard may not apply to emergency responders under TTCA – only whether a law was violated
  • First District Court of Appeals holds tree limb falling from City truck constituted TTCA operation and use of motor vehicle
  • First Court of Appeals says Sheriff properly alleged civil service commission violated TOMA
  • Texas Supreme Court holds condemnation objections at trial court must include the date filed with trial court clerk
  • 14th Court of Appeals holds Plaintiff in vehicle accident failed to estbalish City recieved a proper notice of claim or actual knowledge of the claim within deadline so case was dismissed

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  • Texas Supreme Court holds recklessness standard may not apply to emergency responders under TTCA – only whether a law was violated
  • First District Court of Appeals holds tree limb falling from City truck constituted TTCA operation and use of motor vehicle

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