Tarrant County Water Control & Improvement District Number One v. Haupt, Inc.

OPINION

ENOCH, Justice.

The question in this oil and gas case is whether the “accommodation” doctrine, first articulated by this court in Getty Oil Co. v. Jones, 470 S.W.2d 618 (Tex.1971), should be applied in determining whether inverse condemnation of a mineral estate has occurred when a governmental entity that owns the surface estate restricts the use of the surface by the mineral owner and lessee. We hold that the accommodation doctrine applies and must be considered before a court may determine that an inverse condemnation of the mineral estate has occurred.

The trial court held that the…