Harris County Flood Control District v. Roberts

OPINION

KEM THOMPSON FROST, Justice.

A condemning authority asserts that the trial court erred in valuing a leasehold interest because, as a matter of law, a billboard sign structure erected on the condemned land was not a fixture that had become part of the realty at the time of the taking. Under the applicable standard of review, we conclude that the trial evidence in the bench trial is conflicting on this issue and that the condemning authority has not shown that, as a matter of law, the billboard sign structure in this case was not a fixture at the time of the taking. The condemning…