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BURLINGTON N. & SANTA FE RY. CO. v. HOUSTON

No. 14-03-01311-CV.

171 S.W.3d 240 (2005)

THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY, Appellant, v. The CITY OF HOUSTON, Texas, Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

Rehearing Overruled August 18, 2005.

Attorney(s) appearing for the Case

Thomas E. Sheffield, League City, Murry B. Cohen and Kent Rutter, Houston, TX, for appellants.

Alan Brandt Daughtry, H. Dixon Montague, Houston, TX, Christa Leigh Dean, Evelyn G. Kitay, Washington, DC, for appellees.

Panel consists of Justices YATES, EDELMAN, and GUZMAN.

MAJORITY OPINION

LESLIE BROCK YATES, Justice.

In this condemnation suit, appellant, The Burlington Northern and Santa Fe Railway Company ("BNSF"), is attempting to condemn an easement to build a federally-approved rail line through property owned by appellee, The City of Houston. BNSF appeals from the county court's dismissal of its condemnation suit. We reverse and remand.

BACKGROUND

It has long been national policy to promote an adequate...

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