City of Austin v. Harry M. Whittington

in which Chief Justice JEFFERSON, Justice WAINWRIGHT, Justice MEDINA, Justice GREEN, Justice JOHNSON and Justice LEHRMANN joined.

In this appeal from the City of Austin’s (City) condemnation of property to build a parking garage for a nearby convention center and a facility to chill water to cool nearby buildings, we examine and define the scope of judicial review of legislative takings. The Texas Constitution and the Local Government Code authorize takings by municipalities when the municipality determines the property is necessary for a public use and provides just compensation to the owner.…