Texas Supreme Court

The State of Texas and the State Department of Highways and Public Transportation (now Texas Department Of…

April 28, 1994873 S.W.2d 11

Summary

The Texas Supreme Court held that the State's denial of an easement exchange, intended to lower the compensation for a later eminent domain taking, constituted a compensable taking under Article I, §17 of the Texas Constitution. Accordingly, the Court affirmed the Court of Appeals' judgment awarding damages to the landowners and affirmed the reversal of the award of attorney's fees.