Justia Texas Supreme Court Opinion SummariesArticles Posted in Zoning, Planning & Land Use
City of Beaumont v. Como
The City notified a building owner that her property was in disrepair and that, unless she repaired it, the City might demolish it. After the owner failed to remedy the problem, the City declared the property a public nuisance and condemned it. Rather than appeal the nuisance determination, the property owner asserted a takings claim after the demolition. The City field an immunity-based plea to the jurisdiction, which the trial court granted. The court of appeals reversed in part, holding that the administrative-level decision to demolish the owner's property did not preclude her from seeking a de novo review of that decision in a constitutional suit. The Supreme Court reversed in part and rendered judgment dismissing the owner's claims, holding that because the owner never appealed her nuisance determination, her takings claims were barred, and the trial court correctly dismissed them. View "City of Beaumont v. Como" on Justia Law
Severance v. Patterson, et al.
Pursuant to article V, section 3-c of the Texas Constitution and Texas Rule of Appellate Procedure 58.1, the court accepted the petition from the United States Court of Appeals for the Fifth Circuit to answer three certified questions. The central issue in this case was one of first impression: whether private beachfront properties on Galveston Island's West Beach were impressed with a right of public use under Texas law without proof of an easement. The court concluded that land patents from the Republic of Texas in 1840, affirmed by legislation in the New State of Texas a few years later, conveyed the State's title in West Galveston Island to private parties and reserved no ownership interests or rights to public use in Galveston's West Beach. Texas law had not otherwise recognized such an inherent limitation on property rights along the West Beach. Accordingly, there were no inherent limitations on title or continuous rights in the public since time immemorial that served as a basis for engrafting public easements for use of private West Beach property. Although existing public easements in the dry beach of Galveston's West Beach were dynamic, these easements did not spring or roll landward to encumber other parts of the parcel or new parcels as a result of avulsive events. New public easements on the adjoining private properties could be established if proven pursuant to the Open Beaches Act, Tex. Nat. Res. Code 61.001(8) or the common law. View "Severance v. Patterson, et al." on Justia Law
State v. Petropoulos
This action arose out of condemnation proceedings initiated by the State after the landowners and the State could not agree on the amount of compensation for a .33 acres out of a 3.5 acre tract of land fronting U.S. Highway 290 in Travis County. At issue was whether the trial court erred by only charging the jury to find the pre-taking value of the tract when there was evidence the taking did not cause damage to the remainder and whether there was any evidence the remainder suffered compensable damages. The court concluded that the trial court committed charge error by inquiring whether the landowner suffered damages to the remainder. The court also held that there was no evidence the taking caused compensable damages to the remainder and based on the jury findings, the value of the tract taken could be determined. Accordingly, the court reversed the court of appeals judgment and remanded to the trial court for rendition of judgment. View "State v. Petropoulos" on Justia Law