State v. Dowd

This case arises out of condemnations undertaken in order to convert U.S. Highway 183 in Austin to an elevated, eontrolled-ac-cess highway. This project is described in more detail in State v. Schmidt, 867 S.W.2d 769 (Tex.1993). In this case, the jury was asked whether the State negotiated in good faith. Based on its negative answer, the trial court dismissed the condemnation action on the ground that the State failed to establish, as a jurisdictional prerequisite for a condemnation proceeding, that the parties were unable to agree on a price. The court of appeals affirmed. 832 S.W.2d 71. We…