The State of Texas v. R. B. Carpenter

Summary

The Texas Supreme Court reversed the trial court and Court of Civil Appeals, holding that the jury instructions used were erroneous because they valued the condemned strip as part of the whole tract, risking double recovery, and because they improperly listed specific damage items and statutory charges. The Court prescribed that the strip be valued as severed land and that depreciation to the remainder be measured by the difference in market value before and after the taking, with evidence of specific items admissible only to aid that valuation. The case was remanded for a new trial using revised special issues.