Legal Opinion

City of Richardson v. Smith

Court of Appeals of Texas

Decided April 26, 1973No. 18040PublishedCited by 11 opinions

1Opinion of the Court

GUITTARD, Justice.

In this condemnation suit involving a partial taking and no claim of damage to the remainder, the evidence shows that the part taken can best be used as a part of the whole and would be less valuable if used separately. Our question is whether in this situation the part taken must be valued as a separate tract or as part of the whole. We hold that it should be valued as part of the whole, but that the average value of the whole tract is not the correct measure in the absence of evidence that the part taken contributed proportionately to the value of the whole.

The city is…

2Cases cited20 opinions

  1. Bauman v. RossSupreme Court of the United States · 1897
  2. State v. CarpenterTexas Supreme Court · 1936
  3. Commonwealth, Department of Highways v. SherrodCourt of Appeals of Kentucky (pre-1976) · 1963
  4. State v. CarpenterTexas Commission of Appeals · 1936
  5. State v. MeyerTexas Supreme Court · 1966

15 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. State v. WindhamTexas Supreme Court · 1992
  2. Southwestern Bell Telephone Co. v. RamseyCourt of Appeals of Texas · 1976
  3. Arizona State Land Department v. State Ex Rel. HermanArizona Supreme Court · 1976
  4. City of Phoenix v. WilsonArizona Supreme Court · 2001
  5. McKinney Independent School District v. Carlisle Grace, Ltd., Texas Court of Appeals, 5th District (Dallas)2007

6 more not listed; retrieve them via the Exa API.

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