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PORRETTO v. TEXAS GENERAL LAND OFFICE

No. 12-0483.

448 S.W.3d 393 (2014)

Rosemarie PORRETTO and Randy W. Williams, as Chapter 7 Trustee of the Bankruptcy Estate of Sonya Porretto, Petitioners, v. TEXAS GENERAL LAND OFFICE and Jerry Patterson, in his Official Capacity as Texas Land Commissioner, Respondents.

Supreme Court of Texas.

Decided July 3, 2014.

Rehearing Denied December 19, 2014.

Attorney(s) appearing for the Case

J. David Breemer , Pacific Legal Foundation, Sacremento, CA, Ted Hirtz , Attorney at Law, Houston, TX, for Amicus Curiae Pacific Legal Foundation.

Andrew J. Mytelka , Kelly Ann Fayette Clarke , Greer Herz & Adams LLP, Galveston, TX, Angela Olalde , Greer Herz & Adams, LLP., League City, TX, Austin Webber , Stephen G. Schulz , Galveston, TX, Lucie Margaret Tredennick , Houston, TX, for Petitioner Randy W. Williams.

Barbara Bryant Deane , Assistant Attorney General, Austin, TX, Bruce E. Ramage , Martin Disiere Jefferson & Wisdom LLP, Houston, TX, Kenneth Cross , Office of the Attorney General, Austin, TX, Leonard H. Simon , Boyar Simon & Miller, Houston, TX, Levon G. Hovnatanian , Martin Disiere Jefferson & Wisdom LLP, Houston, TX, Liz Bills , Ryan Fite , Austin, TX, for Respondent Texas General Land Office.

The principal issue before us is whether the State's repeated recharacterization of private property as public constitutes a compensable taking under Article I, Section 17(a) of the Texas Constitution.1 Though the State's conduct is troubling, it is not a taking...

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