CONDEMNEE IS NOT ENTITLED TO BENEFIT FROM INCREASED LAND VALUES OCCASIONED BY THE CONDEMNATION PROJECT, BUT MAY BENEFIT FROM INCREASED VALUES CAUSED BY CITY'S LAND PURCHASING THROUGH PRIVATE CORPORATION

DEFENDANT HAD PURCHASED LAND ADJACENT TO A PROPOSED AIRPORT SITE FOR THE CITY OF HOUSTON. ALMOST HALF OF THE NECESSARY PROPERTY HAD BEEN ACQUIRED BY A PRIVATE CORPORATION SEVERAL YEARS PRIOR TO THE PURCHASE BY THE DEFENDANT. THE PURCHASE BY THIS CORPORATION HAD RESULTED IN INCREASED LAND VALUES IN THE AREA. THE APPEAL BY THE CITY WAS BASED ON ERROR IN PERMITTING THE JURY TO CONSIDER THE INCREASE IN VALUE TO DEFENDANT'S PROPERTY OCCASIONED BY THE CONSTRUCTION OF THE AIRPORT FACILITY. HOWEVER, NOT ALL OF DEFENDANT'S ENHANCED VALUE DERIVE FROM THE CONSTRUCTION OF THE AIRPORT FACILITY. MUCH OF IT WAS A RESULT OF THE LAND SPECULATION CONDUCTED BY THE PRIVATE CORPORATION. SINCE THIS SPECULATION WAS NOT OFFICIAL, DEFENDANT WAS ENTITLED TO BENEFIT FROM IT. THE TRIAL COURT WAS CORRECT IN PERMITTING JURY CONSIDERATION OF ENHANCED LAND VALUES. (CITY OF HOUSTON V. BARSHOP, 431 S.W. 2D 914 (TEX. CT. CIV. APP. 1968).)

  • Supplemental Notes:
    • No 97, pp 3-4
  • Publication Date: 1969-4

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Filing Info

  • Accession Number: 00238674
  • Record Type: Publication
  • Files: TRIS
  • Created Date: May 5 1994 12:00AM