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Click here for the full text of this decision FACTS:In these nine consolidated condemnation cases, the court determines whether 1. provisions in Texas Property Code 21.012 permitting a condemning authority to begin condemnation proceedings if it is “unable to agree with the owner of the property on the amount of damages” and requiring a condemnation petition to contain a statement that it has been unable to agree are jurisdictional; and 2. the condemning entities in these cases satisfied 21.012′s requirements. HOLDING:The court holds that the “unable to agree” requirement is not jurisdictional and that the condemning entities have satisfied their burden to show that they and the landowners were unable to agree on the damages for the properties described in the underlying condemnation petitions. The court 1. affirms the courts of appeals’ judgments in Hubenak v. San Jacinto Gas Transmission Co. (Hubenak 1), Hubenak v. San Jacinto Gas Transmission Co. (Hubenak 2), Wenzel v. San Jacinto Gas Transmission Co., Kutach Family Trust v. San Jacinto Gas Transmission Co., and Cusack Ranch Corp. v. MidTexas Pipeline Co.; 2. affirms the court of appeals’ judgment in Cusack v. MidTexas Pipeline Co. and remands that case to the trial court for further proceedings consistent with this opinion; and 3. reverses the court of appeals’ judgments in MidTexas Pipeline Co. v. Dernehl, MidTexas Pipeline Co. v. Wright (Wright 1), and MidTexas Pipeline Co. v. Wright (Wright 2) and remands those cases to their respective trial courts for further proceedings consistent with this opinion. OPINION:Owen, J.; Phillips, C.J., Hecht, Smith, Wainwright and Brister, JJ., joined, and in which Jefferson, J., joined as to parts I, II and III. Jefferson, J., filed a concurring opinion. O’Neill and Schneider, JJ., did not participate in the decision.

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