State v. Windham

OPINION

CORNYN, Justice.

We decide in this condemnation action involving a partial taking whether the trial court erred by excluding evidence offered by the condemnor, controverting that offered by the landowner and admitted by the court, regarding the appropriate economic unit to be considered by the jury for determining the market value of the part taken. We hold that the trial court reversibly erred by excluding such evidence. Because the court of appeals affirmed the trial court’s erroneous exclusion of the con-demnor’s evidence, 803 S.W.2d 340, we reverse the judgment of the court of…