Legal Opinion

Jenkins v. Jefferson County

Court of Appeals of Texas

Decided February 28, 1974No. 7554PublishedCited by 2 opinions

1Opinion of the Court

DIES, Chief Justice.

This is a condemnation case instituted by Jefferson County to condemn a clear zone approach easement near the County Airport over and above appellants’ realty.

In a jury trial, the court refused to allow landowners (appellants) to give evidence that Jefferson County, condemnor, had made no good faith or bona fide effort to agree with landowners on damage, and this complaint is landowners’ first point of error.

The exercise of the right of eminent domain is governed by Article 3264, Vernon’s Ann.Civ.St.

That statute requires Jefferson County, condemnor, to allege that it has…

2Cases cited5 opinions

  1. Lapsley v. StateCourt of Appeals of Texas · 1966
  2. Jefferson County v. CohrtCourt of Appeals of Texas · 1972
  3. Lohmann v. Natural Gas Pipeline Company of AmericaCourt of Appeals of Texas · 1968
  4. Ryan v. StateCourt of Appeals of Texas · 1929
  5. Browne v. Jefferson CountyCourt of Appeals of Texas · 1974

3Cited by2 opinions

  1. Hubenak v. San Jacinto Gas Transmission Co.Texas Supreme Court · 2004
  2. Hubenak v. San Jacinto Gas Transmission Co.Texas Supreme Court · 2004

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