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STATE v. SCHMIDT

No. 3-90-154-CV.

805 S.W.2d 25 (1991)

STATE of Texas and City of Austin, Appellants, v. Robert M. SCHMIDT and Richard A. Massman, Co-Trustees of the Leon A. Schmidt Children's Trust Number One, Appellees.

Court of Appeals of Texas, Austin.

Rehearing Overruled April 3, 1991.

Attorney(s) appearing for the Case

James Noble Johnson, Asst. City Atty., Austin, for appellants.

Stephen I. Adler, Barron & Adler, Austin, for appellees.

Before CARROLL, C.J., and POWERS and JONES, JJ.

POWERS, Justice.

In a statutory-condemnation action, the State of Texas and the City of Austin recovered title to a small part of a tract of land owned by Robert M. Schmidt and Richard A. Massman. The trial-court judgment awarded Schmidt and Massman a sum equal to the stipulated market value of the part taken ($7,559.00) plus the depreciation in value of the remainder as found by the jury ($74,880.00). Tex.Prop.Code Ann. § 21.042(b), (c) (1984). The State and...

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