Niemann v. State

ON APPLICATION FOR WRIT OF ERROR

Petitioner Fred Niemann, the owner of a 4.37 acre tract of land, has appealed from condemnation judgments of the trial court and the court of civil appeals. 471 S.W.2d 124. Niemann says that the decision of the court of civil appeals is in conflict with this court’s opinion in State v. Meyer, 403 S.W.2d 366 (Tex.1966).

The tract in question originally fronted upon Loop 13, northeast of San Antonio, and was taken for the purpose of widening the highway for the construction of Interstate 35. Niemann also owned land directly behind the part taken, but prior to…