Tarrant County Water Control & Improvement District No. 1 v. Hubbard

REAVLEY, Justice.

This is a condemnation case which presents the following question: On the issue of market value of the remaining land after a partial taking, must the condemnor plead in order to prove how the new circumstances enhance that value? The trial court excluded all of such evidence in the absence of pleading, and the Court of Civil Appeals affirmed. 426 S.W.2d 330. We hold pleading not to be prerequisite, and require a new trial.

Petitioner, Tarrant County Water Control & Improvement District No. 1, created Cedar Creek Reservoir in Henderson ánd Kaufman Counties as a water supply…