Lower Nueces River Water Supply District v. Cartwright

The controlling question in this case is whether a condemning authority in an eminent domain proceeding may, prior to an award, properly dismiss proceedings pending before the special commissioners in condemnation and file suit in the District Court seeking both a determination of title disputes which had arisen in the proceedings before the commissioners, and the fixing of compensation for such property as was being taken by the condemning authority under the power of eminent domain.

*241T,he Court of Civil Appeals was of the opinion that title questions were involved in this litigation; that…