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STATE v. SCHMIDT

Nos. D-1006, D-1509.

867 S.W.2d 769 (1993)

STATE of Texas and City of Austin, Petitioners, v. Robert M. SCHMIDT and Richard A. Massman, Co-Trustees of the Leon A. Schmidt Children's Trust No. 1 et al., Respondents. STATE of Texas and City of Austin, Petitioners, v. AUSTEX, LTD. et al., Respondents.

Supreme Court of Texas.

Rehearing Overruled February 2, 1994.

Attorney(s) appearing for the Case

Diana L. Granger, James Noble Johnson, Austin, for petitioners in No. D-1509.

John N. McClish, Austin, for respondents in No. D-1509.

James Noble Johnson, Diana L. Granger, Christa Brown, Phillip E. Marrus, Dan Morales, Austin, for petitioners in No. D-1006.

Michael M. Barron, Stephen I. Adler, Daniel M. Anderson, Austin, for respondents in No. D-1006.

OPINION

HECHT, Justice.

The principal issue in these two consolidated cases is whether a landowner, part of whose property is taken by power of eminent domain to convert a roadway into a controlled access highway, is entitled to compensation for a diminution in the value of the remainder due to a diversion of traffic, an increased circuity of travel to the property, a lessened visibility to passersby, and the inconvenience of construction activities. The...

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