Legal Opinion
Dr. Don M. Smart v. Texas Power and Light Company
Court of Appeals for the Fifth Circuit
Decided February 25, 1976No. 75--2874PublishedCited by 5 opinions
1Per curiam
Plaintiff-appellant challenges the constitutionality of that provision of the Texas “quick taking” condemnation law which forecloses a landowner who withdraws the money deposited in the registry of the court from thereafter contending that the taking was unlawful. Holding such law to be constitutional, we affirm the dismissal of plaintiff’s other constitutional contentions and assertions of invalidity in the taking of his property-
The Texas Power and Light Company took an easement over plaintiff’s property for electrical transmission lines under the Texas “quick taking” condemnation statutes,…
2Cases cited12 opinions
- United States v. MillerSupreme Court of the United States · 1943
- Dohany v. RogersSupreme Court of the United States · 1930
- Joslin Manufacturing Co. v. City of ProvidenceSupreme Court of the United States · 1923
- Bragg v. WeaverSupreme Court of the United States · 1919
- Georgia v. City of ChattanoogaSupreme Court of the United States · 1924
7 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Dr. Don M. Smart v. Clarence Jones, Individually and as Sheriff, Etc., Defendants-Thirdparty v. Fidelity & Deposit Company of Maryland, Third PartyCourt of Appeals for the Third Circuit · 1976
- John Boerschig v. Trans-Pecos Pipeline, L.L.C.Court of Appeals for the Fifth Circuit · 2017
- Vallario v. State Roads CommissionCourt of Special Appeals of Maryland · 1980
- Smart v. Texas Power & Light Co.Court of Appeals for the Fifth Circuit · 1976
- Smart v. Texas Power and Light CoCourt of Appeals for the Fifth Circuit · 1976