Hubenak v. San Jacinto Gas Transmission Co.

Chief Justice PHILLIPS, Justice HECHT, Justice SMITH, Justice WAINWRIGHT and Justice BRISTER joined, and in which Justice JEFFERSON joined as to Parts I, II and III.

In these nine consolidated condemnation cases, we must determine whether (1) provisions in Texas Property Code section 21.012 permitting a condemning authority to begin condemnation proceedings if it is “unable to agree with the owner of the property on the amount of damages” and requiring a condemnation petition to contain a statement that it has been unable to agree are jurisdictional;1 and (2) the condemning entities in these…