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McCLAIN v. ELM CREEK WATERSHED AUTHORITY

No. 03-95-00335-CV.

925 S.W.2d 756 (1996)

John T. McCLAIN and Cindy R. McClain Matl, Appellants, v. ELM CREEK WATERSHED AUTHORITY, Appellee.

Court of Appeals of Texas, Austin.

June 26, 1996.

Attorney(s) appearing for the Case

Aaron L. Jackson, Jackson & Hemer, L.L.P., Austin, for Appellant.

Mickey J. Blanks, Blanks, Greenfield & Rhodes, Temple, for Appellee.

Before POWERS, ABOUSSIE and KIDD, JJ.

ABOUSSIE, Justice.

This is a condemnation suit in which appellee Elm Creek Watershed Authority ("condemnor") filed suit to condemn an easement on property located in Bell County owned by appellants John T. McClain and Cindy R. McClain Matl. Following a jury trial, the court granted the easement, but denied the landowners any compensation. We will reverse the judgment below and remand the cause to the trial court.

THE CONTROVERSY

Appellants own a...

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