No authority exists for the proposition that sovereign immunity is waived when governmental entities take private property for a private use. Under Maher and Saunders, such a taking may be declared void, but these cases do not hold that the void conduct of the state waives immunity from suit for monetary damages.
December 29, 2003 at 12:00 AM
1 minute read
The original version of this story was published on Texas Lawyer
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