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CHAMBERS-LIBERTY COUNTIES NAVIGATION DIST. v. BANTA

No. B-1773.

453 S.W.2d 134 (1970)

CHAMBERS-LIBERTY COUNTIES NAVIGATION DISTRICT, Petitioner, v. David A. BANTA et al., Respondents.

Supreme Court of Texas.

Rehearing Denied April 8, 1970.

Attorney(s) appearing for the Case

Daniel & Morrison, Price Daniel, Jr., Liberty, for petitioner.

C. A. Miles, Jr., Liberty, for respondents.

HAMILTON, Justice.

Condemnor-petitioner, Chambers-Liberty Counties Navigation District, brought this suit to condemn the surface estate in 7.6345 acres of land owned by condemnees-respondents, David A. Banta, et al. Condemnees also own the mineral estate subject to an outstanding mineral lease; the lessee is not a party in this lawsuit. In the condemnation petition the mineral estate together with the right of ingress and egress upon the surface estate was expressly...

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