Glade v. Dietert

joined by Justices Smith and McCall dissenting.

I respectfully dissent from the majority opinion in this case.

The City of Fort Worth not having condemned the right-of-*390way for the sewer line at the time of the original entry by Glade on July 24, 1953, Glade was a trespasser on the Dietert property at the time he went upon the land and destroyed the three trees. No governmental authority, nor any contractor working for such governmental authority has any right to enter upon land belonging to a private owner until the requisites of the condemnation statutes have been complied with. 16 Texas Jur.…