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STATE v. MONTGOMERY COUNTY

No. 09-07-560 CV.

262 S.W.3d 439 (2008)

The STATE of Texas and the Texas A & M University System, Appellants v. MONTGOMERY COUNTY, Texas, Appellee.

Court of Appeals of Texas, Beaumont.

Decided July 31, 2008.

Attorney(s) appearing for the Case

Greg Abbott, Atty. Gen. of Texas, Kent C. Sullivan, First Asst. Atty. Gen., David S. Morales, Deputy Atty. Gen. for Civil Litigation, R. Ted Cruz, Sol. Gen., Rance L. Craft, Asst. Sol. Gen., Richard D. Naylor, Asst. Atty. Gen., Austin, for appellants.

J. Mark Breeding, Paul S. Radich, Andrews Kurth LLP, Houston, David K. Walker, Co. Atty., Conroe, for appellee.

Before McKEITHEN, C.J., KREGER and HORTON, JJ.

OPINION

STEVE McKEITHEN, Chief Justice.

The State of Texas and The Texas A & M University System appeal the denial of their plea to the jurisdiction in this eminent domain proceeding initiated by Montgomery County, Texas.1 A contract between Montgomery County and the Texas Department of Transportation requires Montgomery County to obtain and transfer to the State the fee simple title to a strip of land for a highway expansion...

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