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TARRANT COUNTY WATER CONTROL v. HAUPT

No. D-2803.

854 S.W.2d 909 (1993)

TARRANT COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NUMBER ONE, Petitioner, v. HAUPT, INC., Bar J B Company, Inc., and James A. Breithaupt, III, Respondents.

Supreme Court of Texas.

June 3, 1993.

Attorney(s) appearing for the Case

Marc O. Knisely, Shannon H. Ratliff, Austin, and Stan Harrell, and Christopher A. Troutt, Fort Worth, for petitioner.

Philip E. McCleery and Peter K. Rusek, Waco, for respondent.

OPINION

ENOCH, Justice.

The question in this oil and gas case is whether the "accommodation" doctrine, first articulated by this court in Getty Oil Co. v. Jones, 470 S.W.2d 618 (Tex.1971), should be applied in determining whether inverse condemnation of a mineral estate has occurred when a governmental entity that owns the surface estate restricts the use of the surface...

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