Cross-appellants successfully sued Edwards Aquifer Authority for an alleged taking of their property and obtained a judgment awarding them damages. The Authority is a proper party to a takings suit instituted under the Edwards Aquifer Authority Act. Where, as here, a regulatory taking results from an unreasonable interference with the landowner's right to use and enjoy the property -- such as by restricting access or denying a permit for development -- the 10-year statute of limitations applies. The trial court properly determined the implementation of the Act resulted in a taking, but erred in quantifying the compensation owed to the landowners. The trial court's judgment is reversed and remanded. San Antonio Court of Appeals, No. 04-11-00018-CV, 08-28-2013.
The Edwards Aquifer Authority v. Bragg
Tex. App. Dist. 4
August 28, 2013