Legal Opinion

State v. Ware

Texas Court of Appeals, 3rd District (Austin)

Decided November 7, 2002No. 03-01-00516-CVPublishedCited by 22 opinions

1Opinion of the Court

LEE YEAKEL, Justice.

In 1968 appellant the State of Texas obtained, through the exercise of its power of eminent domain, an easement for highway right-of-way purposes over property in Travis County owned by appellee Joe L. Ware and his wife Christine Ware (the ‘Wares”)- In this subsequent action, the district court found that the State’s use of the property exceeded its easement rights and awarded $600,000 to the Wares for the State’s condemnation of their remaining fee interest in the property. 1 The State brings three issues on appeal. We will reverse the district-court judgment and remand…

2Cases cited29 opinions

  1. United States v. Petty Motor Co.Supreme Court of the United States · 1946
  2. Boston Chamber of Commerce v. City of BostonSupreme Court of the United States · 1910
  3. Jackson v. Fontaine's Clinics, Inc.Texas Supreme Court · 1973
  4. Allied Vista, Inc. v. Holt, Texas Court of Appeals, 14th District (Houston)1999
  5. Thompson v. JanesTexas Supreme Court · 1952

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3Cited by22 opinions

  1. State v. Central Expressway Sign AssociatesTexas Supreme Court · 2009
  2. City of Houston v. Texan Land and Cattle Co., Texas Court of Appeals, 14th District (Houston)2004
  3. Roberson v. City of Austin, Texas Court of Appeals, 3rd District (Austin)2005
  4. Ergon-West Virginia, Inc. v. Dynegy Marketing & TradeCourt of Appeals for the Fifth Circuit · 2013
  5. Enbridge Pipeline (East Texas) L.P. v. Avinger Timber, L.L.C., Texas Court of Appeals, 6th District (Texarkana)2010

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