Justice Wallace Jefferson on Property Rights
From Judgepedia
Issue: Does a amended condemnation petition "dismiss the proceeding" for the purpose of awarding attorneys fees, even if the condemnor does not compeltely dismiss or abandon the proceeding? Yes.
Factual and Procedural History: University filed condemnation action after owner of land refused to sell a parcel of land needed to establish a more architecturally and aesthetically desirable eastern border to its campus. After litigation ensues, the University amends is petition to reduce the amount of property it sought.
Summary: Justice Jefferson concurred with Justice Johnson, writing for the majority of the court, and over the dissent of Justice Willett, that an amended condemnation petition dismisses the proceeding within the meaning of section 21.019(b) (awards attorney’s fees and expenses for dismissed condemnation actions) even if the condemnor does not completely dismiss or abandon the proceedings. The Court held: (1) a trial court’s de novo proceeding is not limited to the facts and issues presented to a commissioner of a condemnation action (2) a condemnor may amend its petition to reduce the amount of property it seeks and such a change does not divest the trial court of jurisdiction (3) an administrative condemnation petition should proceed in the same manner as other civil causes (4) the amended pleadings effected a voluntary dismissal of the University’s prior claim (5) dismissals, even if not absolute, are subject to a section 21.19(b) attorney’s fee and expenses award.
- ON PROTECTING LAND OWNERS: "We believe that incorporating such flexible and just procedures is what the legislature intended by requiring condemnation cases to be tried as other civil cases, and by providing protection for landowners against the burden of fees and expenses when an entity lodges a condemnation proceeding against it and then abandons the action.
- ON THE STANDARD FOR REVIEWING CONDEMNATION PROCEEDING: We have also recognized that the protections given in the statutory scheme regulating condemnation proceedings must be 'liberally construed for the benefit of the landowner.'"
- ON THE REASONING FOR GRANTING FEES FOR NON-ABSOLUTE DISMISSALS: "To hold otherwise would mean that a condemning authority could artfully amend its petition to condemn only an extremely small fraction of the original area sought and avoid liability for fees and expenses under section 21.019(b)"
