Inverse Condemnation and Impairment of Access

The Texas Supreme Court issued one opinion this morning, explaining Texas law as it applies to inverse condemnation claims based on a state action that allegedly impairs a property owner’s access to his or her property. In this case, the Supreme Court held that since the property owner was entitled to an easement from the state to allow access to a public roadway, no impairment of access had occurred which would have given rise to a condemnation. Just because the access offered by the State is not the exact driveway the property owner wanted, says the Court, does not mean a taking has occurred.

Texas Department of Transportation v. Delany

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litigation, Texas Supreme Court, law