Roberts v. State

OPINION

CHAPA, Justice.

This appeal involves a condemnation case in which appellee, the State of Texas, is the condemnor, and appellants, Alice and Joe Roberts, are the condemnees. The appeal arises from an adverse judgment to appellants based upon jury findings. We reverse and remand.

The critical issue is whether the trial judge committed reversible error in refusing appellant’s request that the jury be instructed “... in arriving at the value of the (land) taken by the State ... you will not consider or take into account any enhancement or damages to the value of the remaining (land) ...”…