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TARRANT COUNTY WATER CON. & IMPR. DIST. NO. 1 v. HUBBARD

No. B-916.

433 S.W.2d 681 (1968)

TARRANT COUNTY WATER CONTROL & IMPROVEMENT DISTRICT NO. 1, Petitioner, v. Charlie HUBBARD et ux., et al., Respondents.

Supreme Court of Texas.

November 6, 1968.

Attorney(s) appearing for the Case

Life & Bolding, Jack T. Life, Athens, Brown, Herman, Scott, Young & Dean, Ardell M. Young and J. Shelby Sharpe, Fort Worth, for petitioner.

Fields, Fields & Hardee, Robert Fields, Athens, for respondents.

REAVLEY, Justice.

This is a condemnation case which presents the following question: On the issue of market value of the remaining land after a partial taking, must the condemnor plead in order to prove how the new circumstances enhance that value? The trial court excluded all of such evidence in the absence of pleading, and the Court of Civil Appeals affirmed. 426 S.W.2d 330. We hold pleading not to be prerequisite, and require...

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