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STATE v. CENTRAL EXPRESSWAY SIGN ASSOCIATES

No. 08-0061.

302 S.W.3d 866 (2009)

The STATE of Texas, Petitioner, v. CENTRAL EXPRESSWAY SIGN ASSOCIATES, et al., Respondents.

Supreme Court of Texas.

Decided November 20, 2009.

Attorney(s) appearing for the Case

Greg W. Abbott, Atty. Gen., Kent C. Sullivan, Clarence Andrew Weber, First Asst. Atty's Gen., David S. Morales, Kristina Weber Silcocks, Susan Desmarais Bonnen, Lisa Marie McClain, Office of Atty. General, Jeffrey A. Blackwelder, Gregory Dion Miller, Asst. Atty's Gen., John L. Ritts, Austin, for Petitioner.

E. Lawrence Vincent Jr., Plano, Joe H. Staley Jr., Benjamin Tyler Milton, Law Office of Joe H. Staley, Jr., Donya C. Folco, J. Allen Smith, SettlePou, Dallas, Richard L. Rothfelder, Rothfelder & Falick, L.L.P., Sydney N. Floyd, Houston, for Respondents.

Craig Smyser, Smyser Kaplan & Veselka, L.L.P., Houston, for Amicus Curiae City of Burleson.

Julia F. Pendery, Dallas, for Amicus Curiae Roger H. Lawler.

Justice O'NEILL delivered the opinion of the Court.

We issued an opinion in this case on June 26, 2009. Today, we deny the motion for rehearing filed by respondent Central Expressway Sign Associates, withdraw our prior opinion, and substitute the following.

The Texas Constitution provides that "[n]o person's property shall be taken, damaged or destroyed for or applied to public use without adequate compensation being made, unless by the consent of such person...

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