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Rob Gilbreath Wins Inverse Condemnation Case in Texas Supreme Court

March 29, 2013 – Press Release

March 29, 2013 (Austin, TX)  In an inverse condemnation case, the Texas Supreme Court reversed the lower courts' judgments and held that Hawkins Parnell & Young'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 HPY'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.