Hearts Bluff Game Ranch, Inc., Petitioner v. the State of Texas and the Texas Water Development Board, Respondents

Summary

The Texas Supreme Court affirmed the Court of Appeals, holding that Hearts Bluff Game Ranch failed to plead a viable takings claim against the State and therefore the action was dismissed for lack of subject‑matter jurisdiction. The majority reasoned that the State lacked the regulatory authority to deny the federal mitigation‑banking permit and that no direct governmental restriction existed. A dissent argued that the State’s actions were a compensable taking. The opinion was delivered by Justice Wainwright.