Author Archives: Mary Colchin Johndroe

ARE LOST PROFITS FOR OBSTRUCTION OF ACCESS LOST IN TEXAS CONDEMNATION?

By: Mary Colchin Johndroe* The recent Luby’s Fuddruckers case seems to present an unsolvable dilemma for landowners seeking lost profits for interference with access in a Texas condemnation proceeding. State v. Luby’s Fuddruckers Restaurants, LLC, No. 13-16-00173-CV, 2017 WL 2608296 (Tex. App.—Corpus Christi, June 15, 2017, no pet.) (mem. op.) Ostensibly, the Luby’s Fuddruckers case … Read More

“Something Much Simpler” in Texas Condemnation – The Separate Economic Unit

 Value of the property is usually the paramount issue in a condemnation case.  Two recurrent factors which often influence land values are highest and best use and size of a parcel. Property utilized for commercial pad sites in a developed subdivision is likely to have a higher value per square foot than raw land put … Read More

Texas Condemnation Gets Clear

The Texas Supreme Court issued its long-awaited opinion in Cause No. 13-0053, State v. Clear Channel Outdoor, Inc. http://www.txcourts.gov/media/943990/130053.pdf, on April 24, 2015. The Court held that a billboard was a fixture to be valued as a part of the land, not as a separate structure, and that the loss of associated business income was … Read More

The Eminent and Inverse Environment – Interplay Between Environmental Issues and Condemnation

“THE EMINENT AND INVERSE ENVIRONMENT – The Interplay Between Environmental Issues and Condemnation” was presented to the Tarrant County Bar Association, Environmental Law Section in Fort Worth, Texas on February 27, 2014, by Mary Colchin Johndroe, 817-877-2810, mjohndroe@canteyhanger.com.  The following summary contains highlights of the presentation. In a statutory condemnation, the condemnor compensates the property owner before appropriating property.  If the government appropriates property without first paying adequate … Read More