Texas Supreme Court
State of Texas and City of Austin, Petitioners v. Robert M. Schmidt and Richard A. Massman, Co-Trustees of the Leon…
February 2, 1994867 S.W.2d 769
Summary
The Texas Supreme Court reversed the Court of Appeals and held that landowners whose property is partially taken for the conversion of Highway 183 to a controlled‑access highway are not entitled to severance damages for loss of value caused by impaired visibility, diversion of traffic, increased circuity, or construction inconvenience. The Court applied the Carpenter rule and the Campbell principle, determining that the claimed injuries are community damages and that the Campbell exception does not apply.