State Texas v. Robert L. Rogers and Genevia Mae Rogers Book Reviews

State Texas v. Robert L. Rogers and Genevia Mae Rogers by Seventh District, Amarillo Court of Appeals of Texas Book Summary

This appeal presents the question whether a condemnee is entitled, in a proceeding to condemn for highway right-of-way purposes the whole of his real property, as an element of his damages, evidence about the "good will" and "going concern" values of his business. Concomitantly, it also presents the question of whether definitions of those elements should have been included in the courts instruction defining "market value," so that the jury could determine the proper market value of the condemnees premises on the date they were condemned by the State. Moreover, it raises the issue as to whether the failure to allow the jury to consider these elements in its assessment of damages suffered by the condemnees amounted to an unconstitutional taking of their property without adequate compensation for that taking. It also presents the question as to whether the State is entitled to interest on the amount by which a deposit made by it in order to obtain possession of the premises, with- drawn and used by the condemnees pending jury trial, exceeds the condemnation damages awarded by the jury. We hold that all of the questions must be answered in the negative.

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State Texas v. Robert L. Rogers and Genevia Mae Rogers (Seventh District, Amarillo Court of Appeals of Texas) Book Reviews 2024

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