Legal Opinion
City of Houston v. Ft. Worth & Denver Railway
Court of Appeals of Texas
Decided June 11, 1981No. 17997PublishedCited by 3 opinions
1Opinion of the Court
WARREN, Justice.
This is a suit for the condemnation of land already dedicated to public use.
The City of Houston filed suit against the Railroad seeking a writ of possession, and alternatively, condemnation for street purposes, of certain land used by the Railroad for tracks and railroad yards. The land is owned by the Railroad in fee.
After a jury trial, the court entered judgment which awarded the City an easement and the Railroad the sum of $84,770 for expenses it would incur as a result of the road easement. Both parties have appealed. For clarity, the parties will be referred to as the…
2Cases cited8 opinions
- Chicago, Burlington & Quincy Railroad v. ChicagoSupreme Court of the United States · 1897
- Sabine & East Texas Railway Co. v. Gulp & Interstate Railway Co.Texas Supreme Court · 1898
- Snellen v. Brazoria CountyCourt of Appeals of Texas · 1949
- Central Power & Light Co. v. Willacy CountyCourt of Appeals of Texas · 1929
- Texas Midland R. R. v. Kaufman County Imp. Dist. No. 1Court of Appeals of Texas · 1915
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3Cited by3 opinions
- Farmer's Marine Copper Works, Inc. v. City of Galveston, Texas Court of Appeals, 1st District (Houston)1988
- Ft. Worth & Denver Railway Co. v. City of HoustonCourt of Appeals of Texas · 1984
- Harris County Fresh Water Supply District No. 61 v. Magellan Pipeline Company, L. P. and V-Tex Logistics LLC, Texas Court of Appeals, 1st District (Houston)2022