Collin County v. Hixon Family Partnership, Ltd.
365 S.W.3d 860
| Tex. App. | 2012Background
- County condemned two parcels of land from Hixon Family Partnership for Collin County Outer Loop; Eastern Tract: 13.793 acres of a 57-acre parcel; Western Tract: 0.0526 acre of a 37-acre parcel.
- Special commissioners awarded damages; County deposited awards; Partnership withdrew the awards with court order.
- Consolidated condemnation trial; jury valued Eastern Tract at $455,169 and Western Tract at $2,500.
- County filed plea to jurisdiction arguing Partnership forfeited its right to transact business; Partnership argued it could defend and pursue judicial review.
- Trial court denied pleas to jurisdiction; after objections, trial proceeded to determine fair market value.
- Court ultimately affirmed trial court’s judgment awarding the unpaid balance and costs to Partnership.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court lacked subject-matter jurisdiction | Partnership was defendant; forfeiture did not bar defense | County asserts Partnership forfeited its right to sue in Texas | County’s jurisdictional challenge failed |
| Admissibility of Partnership's appraisal expert Ray | Ray's comparable sales method was valid and admissible | Melissa Land Partners sale rendered Ray's method unreliable | Trial court did not abuse discretion; Ray's testimony admissible |
| Admissibility of Partnership's cross-issue on Stearman's testimony | Stearman's adjustments for exposure/visibility were proper in determining market value | Adjustments for noncompensable elements should be excluded | Court did not abuse; evidence admissible and weight for jury to determine |
| Exclusion of Hixon's market-value testimony | Hixon qualifies as a property owner/management witness | Partnership failed to promptly amend discovery; rule-based exclusion | Partnership waived error; cross-point rejected |
Key Cases Cited
- Brammer v. Denton County, 361 S.W.2d 198 (Tex. 1962) (condemnation proceedings; burden shifting upon withdrawal of award; plaintiff/defendant roles defined)
- City of Carrollton v. OHBA Corp., 809 S.W.2d 587 (Tex. App.—Dallas 1991) (proceeding converts to civil suit; jurisdictional questions arise during condemnation)
- State v. Jackson, 388 S.W.2d 924 (Tex. 1965) (adequate compensation issues; withdrawal of awards affects burden of proof)
- Cannizzo, 267 S.W.2d 808 (Tex. 1954) (willing-seller willing-buyer; factors for market value in condemnation)
- Schmidt, 867 S.W.2d 769 (Tex. 1994) (damages to remainder; Schmidt not controlling on market value of taken property)
- Porras v. Craig, 675 S.W.2d 503 (Tex. 1984) (owner rule for testimony by property owner or manager)