Banta v. Chambers-Liberty Counties Navigation District

STEPHENSON, Justice.

This is a condemnation suit brought by plaintiff, Chambers-Liberty Counties Navigation District, against the landowners as defendants, under Article 8263h, Vernon’s Ann.Civ.St. Trial was by jury, and judgment was rendered that defendants recover $1,908.73 for the value of the surface of the 7.6345 acre tract taken, and no damages for the remaining severed mineral estate. The parties will be referred to here as they were in the trial court.

Section 34 of Article 8263h, V.A.C.S., provides that “no right of way can be condemned through any part of an incorporated city or town…