STATE v. BIGGAR

No. D-3755.

873 S.W.2d 11 (1994)

The STATE of Texas and the State Department of Highways and Public Transportation (Now Texas Department of Transportation), Petitioners, v. John H. BIGGAR, Terrance Kendall, David Helfert, and Edmund J. Fleming, Jr., Respondents.

Supreme Court of Texas.

Decided March 30, 1994.

Rehearing Overruled April 28, 1994.


Attorney(s) appearing for the Case

Dan Morales, Mark Heidenheimer, Austin, for petitioners.

Stephen I. Adler, Daniel M. Anderson, Austin, for respondents.


GAMMAGE, Justice, delivered the opinion of the Court, in which all Justices join.

In this inverse condemnation suit, the issue is whether the State must compensate a landowner for damages caused when the State, acting to reduce the price of a later eminent domain acquisition, denies the landowner's request for an easement exchange. We hold that, under the facts of the case before us, the State's actions resulted in damages compensable under Article I, section 17 of...

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