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STATE v. HARRELL RANCH, LTD.

No. 03-07-00052-CV.

268 S.W.3d 247 (2008)

The STATE of Texas, Appellant, v. HARRELL RANCH, LTD. and KGB Partnership, Ltd., Appellees.

Court of Appeals of Texas, Austin.

Rehearing Overruled October 21, 2008.

Attorney(s) appearing for the Case

Susan Desmarais Bonnen, Assistant Attorney General, Transportation Division, Austin, TX, for Appellant.

Kevin J. Maguire, Angela Clanton Green, P. Michael Jung, Strasburger & Price, L.L.P., Edward Dimare Vassallo, Jr., Dallas, TX, for Appellees.

Before Chief Justice LAW, Justices WALDROP and HENSON.

OPINION

G. ALAN WALDROP, Justice.

This appeal arises from a condemnation proceeding in which the State of Texas acquired 173.712 acres of land and a .087-acre drainage easement from Harrell Ranch, Ltd. for the construction of a state highway. The condemnation proceeding involved not only the determination of the value of the land taken and the resulting diminution in value of the remainder property, but also Harrell Ranch's counterclaim for lost profits...

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