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COUNTY OF BEXAR v. SANTIKOS

No. 03-0471.

144 S.W.3d 455 (2004)

COUNTY OF BEXAR, Petitioner, v. John L. SANTIKOS, Respondent.

Supreme Court of Texas.

Decided August 27, 2004.

Attorney(s) appearing for the Case

Terry Topham, Davidson & Troilo, San Antonio, for petitioner.

Daniel M. Anderson, Steven R. Sampson and Sumer Irene Creel Shelton, Barron Adler & Anderson, L.L.P., Austin, for respondent.

Susan Desmarais Bonnen, Greg Abbott, Barry Ross McBee, Edward D. Burbach, Grady Click, Office of Atty. General, Austin, for amicus curiae.

Mary Belan Doggett, Lineharger Goggan Pena & Sampson, San Antonio, for other.

Justice BRISTER delivered the opinion of the Court.

In this condemnation action, we again address whether severance damages are recoverable when property is taken as a part of a project to raise a roadway above the natural grade. The question is a recurring one,1 as the growth of controlled-access highways necessarily requires that, at intersections with other major arteries, one road or the other must change grades.

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