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HAUPT, INC. v. TARRANT COUNTY WATER CONTROL

No. 10-91-150-CV.

870 S.W.2d 350 (1994)

HAUPT, INC., et al., Appellants, v. TARRANT COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NUMBER ONE, Appellee.

Court of Appeals of Texas, Waco.

February 16, 1994.

Attorney(s) appearing for the Case

Ron Edmondson, Dawson, Sodd, Moe & Means, P.C., Corsicana, Philip E. McCleery & Peter K. Rusek, Sheehy, Lovelace & Mayfield, P.C., Waco, for appellants.

Shannon H. Ratliff & Marc O. Knisely, McGinnis, Lochridge & Kilgore, L.L.P., Austin, Stan Harrell, Pope, Hardwicke, Christie, Harrell, Schell & Kelly, Fort Worth, for appellee.

Before THOMAS, C.J., and CUMMINGS and VANCE, JJ.

OPINION ON REMAND

THOMAS, Chief Justice.

Inverse condemnation occurs whenever property is "taken" or "damaged" for public use without adequate compensation. Tex. Const. art. I, § 17. We originally held that the evidence conclusively established an inverse condemnation of the plaintiffs' interests in the minerals under an eighty-acre tract when Tarrant County Water Control and Improvement District Number One, the developer and operator of the Richland...

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