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, holding that damage under Article 1, Sec. 17 of the Texas Constitution occurs when a public improvement materially and substantially impairs access to an abutting property, even if reasonable access remains. Justice McGEE, in a concurring opinion, argued that any impairment beyond de minimis should be compensable and disagreed with the majority's material‑and‑substantial limitation.