State v. Windham

The court today legitimizes a mechanism that dramatically enhances the State’s power to deprive Texas landowners of their property without full compensation. At issue is whether a landowner has the right to designate an economic unit reflecting the highest and best use of property condemned by the State. Because today’s opinion compromises that right, I dissent.

The Texas Constitution prohibits the State from taking property for public use without “adequate compensation.” Tex. Const, art. I, § 17. This provision, we have held, entitles a landowner to be compensated for the full value of the…