Michael R. Burch, Petitioners v. City of San Antonio, Respondents

Summary

The Texas Supreme Court held that home‑rule cities may not delegate their statutory power of eminent domain to subordinate agencies such as a water‑works board of trustees. The Court reversed the lower courts and remanded for further proceedings, finding that the city council, not the board, must expressly authorize any condemnation. The Court also rejected the city’s reliance on a later validation statute as ineffective to cure the delegation defect.