State v. Capitol City Oil Co.

PHILLIPS, Chief Justice.

This is a condemnation case. Appellees owned and operated a gasoline service station on the frontage road of Interstate Highway 35 in Austin. The State began a massive project of highway reconstruction which necessitated the partial taking1 of appellees’ property, and the elimination of certain access ramps to the highway which had theretofore been convenient to appel-lees’ service station. The property, however, was on a frontage road of a limited access freeway both before and after the taking, and the petition in condemnation expressly denied that “access” was being…