Dallas Area Rapid Transit v. Oncor Electric Delivery Co.

Dissenting Opinion By

Justice MURPHY.

Oncor argues that the doctrine of governmental immunity does not apply to eminent domain proceedings because the *108statutory and mandatory scheme for condemnation does not subject the State to liability. It also argues that a grant of power to condemn public land necessarily waives governmental immunity. Because I agree that Oncor’s proceeding does not implicate the governmental immunity doctrine, I would grant Oncor’s motion for rehearing and affirm the trial court’s order denying DART and The T’s plea to the jurisdiction. Assuming governmental immunity were…