(Download) "State Texas v. C. Milton Dowd Et Ux." by Supreme Court of Texas No. D-2780 ~ Book PDF Kindle ePub Free
eBook details
- Title: State Texas v. C. Milton Dowd Et Ux.
- Author : Supreme Court of Texas No. D-2780
- Release Date : January 24, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
Per Curiam This case arises out of condemnations undertaken in order to convert U.S. Highway 183 in Austin to an elevated,
controlled-access highway. This project is described in more detail in State v. Schmidt, S.W.2d (Tex. 1993). In this case,
the jury was asked whether the State negotiated in good faith. Based on its negative answer, the trial court dismissed the
condemnation action on the ground that the State failed to establish, as a jurisdictional prerequisite for a condemnation
proceeding, that the parties were unable to agree on a price. The court of appeals affirmed. 832 S.W.2d 71. We conclude that
the trial court erred in dismissing this action for want of jurisdiction. We therefore reverse and render judgment on the
jury's award for the taking. The State brought suit to condemn an 836-square-foot strip of a 14,546-square-foot property. Landowners, the Dowds, complained
that the State had refused to negotiate in good faith and thus failed to meet a jurisdictional prerequisite that the parties
had been unable to agree on damages. The only evidence of bad faith cited in this case is that the State instructed its appraiser
to exclude any decrease in value due to decreased visibility, accessibility and traffic volume, and increased circuitry of
travel. The appraiser admitted that the value of the remainder would be reduced by these factors. The State, however, relied
upon an appraisal concluding there were no damages to the remainder. The State's instructions to the appraiser conflicted
with its own departmental manual, which stated that damages are not non-compensable "community damages" simply because they
are suffered in common with other landowners whose property also abuts the street or improvement. The appellate court quoted
an excerpt that included the following: