State v. Colonia Tepeyac, Ltd., 2012 Tex. App. LEXIS 6407

Colonia Tepeyac, Ltd. owned a Dallas apartment complex affected by a state condemnation for highway upgrades at I-30 and Loop 12.
The state condemned Part I (about 4,476 sq ft) to build a flyover and Part II (about 1,719 sq ft) for a clear zone and utilities; noise walls were planned on both parts.
Initial commissioners awarded Colonia $265,500; the court permitted Colonia to withdraw that amount after deposit and later proceedings.
A jury awarded Colonia $937,034 for damages; the trial court reduced judgment by the already-received $265,500 to $671,534 and entered judgment.
The State appealed on several issues, focusing on jury-charge error regarding compensable damages that are common to the community.
The court reversed and remanded for new proceedings due to jury-charge error.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the jury instruction allowing community damages was erroneous	Colonia argues the instruction misstates the Campbell exception	State contends the instruction misdescribes the required land-use relationship and is improper	The instruction was erroneous and harmful; reversal and remand required

State v. Schmidt, 867 S.W.2d 769 (Tex. 1993) (Campbell rule for remainder damages; defines eligibility exceptions)
Santikos, 144 S.W.3d 455 (Tex. 2004) (defines requisitos for an exception to Campbell rule; land taken must be indispensable and substantial)
Interstate Northborough P’ship v. State, 66 S.W.3d 213 (Tex. 2001) (distinguishes Campbell rule and community damage considerations)
Felts v. Harris Cnty., 915 S.W.2d 482 (Tex. 1996) (road noise generally constitutes community damage unless exceptional impairment occurs)
Olson v. Harris Cnty., 807 S.W.2d 594 (Tex.App.-Hous. (1st Dist.) 1990) (examples of community damage from highway projects; noise and debris as community injury)
Spencer v. Eagle Star Ins. Co. of Am., 876 S.W.2d 154 (Tex. 1994) (remand for defective jury charge when not immaterial)