We just came across a Texas Court of Appeals decision in an eminent domain case in which the bone of contention was the reduction in the rental rate of the remainder of the subject property in its “after” copndition. There was no controversy as to the value of the part taken ($385,524).
The figures were as follows: Commissioners’ award was $1,748,000. Condemnor’s trial evidence, in the court’s words, was “$847,857 or $1,114,576, depending on which method of valuation was used.” The jury award was $385,424 for the part taken, plus $3,229,745 for damages to the remainder. After adding prejudgment interest, the award came to $3,747,651.27.
The condemnor appealed. Held: affirmed. State v. State Street Bank & Trust Co. (Tex.App. 2012) 359 S.W.3d 375.