Rob Gilbreath Wins Inverse Condemnation Case in Texas Supreme Court

March 29, 2013

In an inverse condemnation case, the Texas Supreme Court reversed the lower courts' judgments and held that HPTY's client's option to repurchase a tract of real property, sold to a city for use as a park, was a compensable interest for takings-clause purposes. The city violated the deed restriction requiring that the land be used for a park and refused to re-convey the property to HPTY's client when it exercised the re-purchase option. 

The court's holding embraces the modern trend by recognizing that future interests in real property are compensable interests for takings-clause purposes.  

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