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eBook details

• Title: Maurice D. Hall v. City Austin
• Author : Supreme Court of Texas
• Release Date : January 28, 1970
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 57 KB

Description

In its petition filed April 30, 1953, the City of Austin sought to condemn a lot 100 feet deep fronting 250 feet on the south side of Waterfront Street for the purpose of constructing and maintaining a freeway, now designated as Interstate Highway 35, and streets intersecting therewith. Special commissioners were appointed and made their award, and the landowner filed objections asserting that the amount of the award was inadequate. On October 5, 1966, after the freeway was constructed, the land-owner filed amended objections alleging that approximately the eastern one-half of the lot had been used for the purposes stated in the petition and that the attempted condemnation of the remainder of the lot was "arbitrary, capricious, in bad faith, and an abuse of the power of condemnation." It was also alleged that the City had waived its right, and is now estopped, to take the unused portion of the lot and that the award of the commissioners is grossly inadequate.

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