State of Texas and City of Dallas, Petitioners v. John C. Heal, Marie C. Heal, Respondents

Summary

The Texas Supreme Court reversed the Court of Appeals and remanded, holding that the Heals are not entitled to severance damages for the diminution in value of the remaining portion of their property because the damages are not directly attributable to the taking and the alleged traffic congestion does not constitute a material and substantial impairment of access. The Court also found the claimed damages to be community injuries, not compensable special damages.