Southern Pacific Transportation Co. v. County of Harris

PEDEN, Justice.

In an eminent domain proceeding brought as a cross-action in the district court under Article 3269, Vernon’s Texas Civil Statutes, the condemnee asserts that the district court had no jurisdiction over the cross-action because the condemnor neither pleaded nor proved a bona fide effort to agree with the condemnee on the value of the interest sought.

Southern Pacific had brought suit in district court where it had obtained an order temporarily enjoining Harris County from building a highway across the railroad’s easement. Our opinion on a prior appeal of the injunction aspect of…