Home Jurisdiction Texas judges clarify eminent domain counterclaim rules

Texas judges clarify eminent domain counterclaim rules

By Clark Mindock (June 24, 2022, 3:58 p.m. EDT) – The Texas Supreme Court ruled Friday that defendants in eminent domain lawsuits cannot transfer a lawsuit from county court to a district court in state simply by filing a heavy jurisdictional counterclaim, finding that the county courts have long maintained power in this area.

The court rejected arguments made by H&S Hoke Ranch LLC that a dispute over Breviloba LLC’s sentencing of a 50-foot-wide pipeline easement on ranch property belonged in district court as opposed to county court of Walker, where Breviloba sought sentencing.

Hoke Ranch had argued that his counterclaims showed he would suffer…

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