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STATE v. WARE

No. 03-01-00516-CV.

86 S.W.3d 817 (2002)

STATE of Texas, Appellant, v. Joe L. WARE and the Estate of Christine Ware, Appellees.

Court of Appeals of Texas, Austin.

Rehearing Overruled November 7, 2002.

Attorney(s) appearing for the Case

Sherry L. Peel, Assistant Attorney General-Transportation Division, Austin, for Appellant.

John McClish, Womack, McClish, Wall & Sick, P.C., Austin, for Appellees.

Before Chief Justice ABOUSSIE, Justices B.A. SMITH and YEAKEL.

LEE YEAKEL, Justice.

In 1968 appellant the State of Texas obtained, through the exercise of its power of eminent domain, an easement for highway right-of-way purposes over property in Travis County owned by appellee Joe L. Ware and his wife Christine Ware (the "Wares"). In this subsequent action, the district court found that the State's use of the property exceeded its easement rights and awarded $600,000 to the Wares for the State's condemnation of their remaining...

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