Whittington v. City of Austin

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• observing that at least some prerequisites to exercise of eminent-domain power are mandatory, but not jurisdictional
• observing that at least some prerequisites to exercise of eminent-domain power are mandatory, but not jurisdictional
• explaining that once presumption of necessity arises, landowner can contest fact of necessity only by establishing affirmative defenses such as fraud, bad faith, or arbitrariness
• explaining that once presumption of necessity arises, landowner can contest fact of necessity only by establishing affirmative defenses such as fraud, bad faith, or arbitrariness
• observing that at least some prerequisites to exercise of eminent-domain power are mandatory, but not jurisdictional
• explaining that property owners are entitled to prejudgment interest on any award given by trial court that exceeds amount of deposit but stating that owners do not receive prejudgment interest on amount of deposit

Source: CourtListener parenthetical corpus (CC0).