State v. Schmidt

OPINION

HECHT, Justice.

The principal issue in these two consolidated cases is whether a landowner, part of whose property is taken by power of eminent domain to convert a roadway into a controlled access highway, is entitled to compensation for a diminution in the value of the remainder due to a diversion of traffic, an increased circuity of travel to the property, a lessened visibility to passersby, and the inconvenience of construction activities. The lower courts allowed the compensation in both these cases. State v. Schmidt, 805 S.W.2d 25 (Tex.App.—Austin 1991); State v. Austex, Ltd., 862…