law-regulatory-taking | condemnation and eminent domain | land use zoning regulation |
REGULATORY TAKING
A regulatory-takings claim may challenge a land-use restriction on its face or as applied to particular property.
Keystone Bituminous Coal Ass’n v. DeBenedictis, 480 U.S. 470, 494, 107 S. Ct. 1232, 1246 (1987) (recognizing
“an important distinction between a claim that the mere enactment of a statute constitutes a taking and a claim
that the particular impact of government action on a specific piece of property requires the payment of just
compensation”); City of Corpus Christi v. Pub. Util. Comm’n, 51 S.W.3d 231, 247 (Tex. 2001). A facial challenge
is ripe when the restriction is imposed, but an as-applied claim is not ripe until the regulatory authority has made
a final decision regarding the application of the regulation to the property. Yee v. City of Escondido, 503 U.S.
519, 533-34, 112 S. Ct. 1522, 1531-32 (1992); Williamson County Reg’l Planning Comm’n v. Hamilton Bank, 473
U.S. 172, 186, 105 S. Ct. 3108, 3116 (1985).
City of Houston v. HS Tejas, Ltd. (Tex.App.- Houston [1st Dist.] Oct. 22, 2009)(Massengale)
(inverse condemnation, regulatory takings claim, plea to the jurisdiction proper, ripeness issue,
opportunity to amend)
REVERSE TRIAL COURT JUDGMENT AND REMAND CASE TO TRIAL COURT FOR FURTHER PROCEEDINGS:
Opinion by Justice Massengale
Before Chief Justice Radack, Justices Bland and Massengale
01-09-00393-CV City of Houston v. HS Tejas, Ltd
Appeal from County Civil Court at Law No 2 of Harris County
Trial Court Judge: Hon. Jacqueline Lucci Smith
City of Houston v. O'Fiel, No. 01-08-00242-CV, 2009 WL 214350 (Tex. App—Houston [1st Dist.] Jan. 29, 2009,
pet. filed)(Hanks) (regulatory taking, flood zone land use, ripeness doctrine)
AFFIRM TC JUDGMENT: Opinion by Justice Hanks
Before Justices Jennings, Hanks and Bland
01-08-00242-CV The City of Houston v. John O'Fiel and Mary Jane O'Fiel
Appeal from Co Civil Ct at Law No 1 of Harris County
Trial Court Judge: Hon. R. Jack Cagle
HOUSTON APPELLATE COURT CASES | TEXAS CASE LAW |