Texas Supreme Court

Westgate, Ltd., Robert L. Randolph, Bank One, and Deposit Insurance Bridge Bank, Petitioners v. State of Texas And…

December 2, 199236 Tex. Sup. Ct. J. 282

Summary

The Texas Supreme Court affirmed the Court of Appeals, holding that a landowner cannot recover inverse‑condemnation damages under Tex. Const. art. I, § 17 when the government has merely announced a future taking and delayed acquisition without directly restricting use of the property. The Court also affirmed the appellate reversal of the trial court’s jury instructions on statutory condemnation damages, requiring a broad‑form measurement of the difference in pre‑ and post‑taking values.