State v. YS & LS & LS Partnership, Ltd.
13-15-00494-CV
| Tex. App. | Nov 18, 2015Background
- The State filed a condemnation petition seeking 0.034 acres (1,500 sq. ft.) from YS & LS & LS Partnership fronting State Hwy. 358.
- Special commissioners awarded $150,000; the State timely objected to that award.
- YS filed an answer and counterclaim asserting lost rental income, diminished marketability, a cloud on title, and delay-related damages tied to the State’s announced project.
- The State moved to dismiss (plea to the jurisdiction) arguing sovereign immunity bars YS’s claims because they do not allege a physical appropriation or direct restriction.
- The trial court denied the State’s plea to the jurisdiction; the State appealed that denial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether YS’s counterclaim for damages and other relief is barred by the State’s sovereign immunity | YS contends the State’s announcement and conduct caused a compensable taking, interference with use, cloud on title, and delay-related damages under Tex. Const. art. I, § 17 | State argues sovereign immunity bars recovery because there was no physical appropriation, denial of access, or other current, direct restriction—Westgate controls | Trial court denied the State’s plea to the jurisdiction; State appealed (trial court allowed claim to proceed) |
Key Cases Cited
- Westgate v. State, 843 S.W.2d 448 (Tex. 1992) (government announcement or future targeting of property without physical appropriation or direct restriction is not compensable under Art. I, § 17)
- Hearts Bluff Game Ranch, Inc. v. State, 381 S.W.3d 468 (Tex. 2012) (reaffirming Westgate: economic harm from a future project announcement is noncompensable absent current direct restriction)
- Tex. Dep’t of Parks & Wildlife v. Miranda, 133 S.W.3d 217 (Tex. 2004) (standard for reviewing plea to the jurisdiction; burden on claimant to establish waiver of immunity)
- Tex. Dep’t of Transp. v. Jones, 8 S.W.3d 636 (Tex. 1999) (sovereign immunity can be waived only by statute; two-step jurisdictional inquiry)
- City of Houston v. Biggers, 380 S.W.2d 700 (Tex. Civ. App.—Houston 1964, writ ref’d n.r.e.) (ordinance authorizing future condemnation did not constitute a present taking)