Condemnation

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

Condemnation / By

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 …

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

Condemnation, Eminent Domain and Property Rights / By

 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 …

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