State of Texas v. Clear Channel Outdoor, Inc., 9/27/12
April 20, 2017
Appellant, the State of Texas, sought review of a summary judgment entered against it by the County Civil Court at Law No. 3, Harris County, Texas, on the liability portion of appellee billboard owner’s inverse condemnation claim, as well as the subsequent rendition of judgment against the State following a trial on damages. The court held that summary judgment on the liability portion of the billboard owner’s inverse condemnation claim was proper. It was undisputed that the billboards at issue were improvements situated upon the portion of land taken. Accordingly, the billboards were part of the realty, and the State had to provide the billboard owner adequate compensation. As the State intended to condemn the real property upon which the billboards stood, as well as the lease for the property held by the billboard owner, it followed that the State intended to condemn the billboards. The trial court did not abuse its discretion by allowing testimony from the billboard owner’s expert regarding the income method of valuation for the billboards as the income method was not an impermissible method of valuation. The court concluded that the evidence was legally sufficient to support the jury’s verdict on the valuation of the billboards based on the income method. The court affirmed the trial court?s judgment.