Texas Supreme Court

City of Waco, Petitioner v. Texland Corporation, Respondents

July 30, 196912 Tex. Sup. Ct. J. 551

Summary

The Texas Supreme Court affirmed the judgments of the trial court and Court of Civil Appeals, holding that the construction of the South 17th Street viaduct materially and substantially impaired access to the abutting properties, constituting damage under Article 1, Sec. 17 of the Texas Constitution. The Court affirmed that such impairment warrants compensation.