IN RE STATE OF TEXAS v. (Majority)

State: Texas

Docket No: 10-0235

Case Date: 08/26/2011

Plaintiff: IN RE STATE OF TEXAS

Defendant: (Majority)

Preview:IN THE SUPREME COURT OF TEXAS
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NO. 10-0235
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IN RE STATE OF TEXAS, RELATOR
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ON PETITION FOR WRIT OF MANDAMUS
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Argued March 3, 2011

CHIEF JUSTICE JEFFERSON delivered the opinion of the Court. After the State sought to condemn a tract of land, the owners subdivided the property into eight separate parcels. The trial court then severed the case into eight different proceedings. The State contends that the severance was improper, and it seeks a writ of mandamus requiring the trial court to vacate the order. Because the severance would require eight trials where only one is appropriate, and because it would preclude the State from presenting relevant valuation evidence, we conditionally grant the writ. I. Background The State of Texas filed a petition to condemn a tract of land and a drainage easement from its owners, the Laws family. The State sought to acquire a 39.619 acre fee tract as well as a 0.23 acre drainage easement, which would come out of the Lawses' 185.835 acre property in Travis County. The property was to be used in the construction of State Highway 130. On the same day that it filed its condemnation petition, the State also filed a notice of lis pendens, giving notice of

the pendency of a suit affecting the Lawses' land. See TEX. PROP. CODE

Download 10-0235-30.pdf