Oil Driller Successful After Long and Arduous Effort

 

 

 

 

 

 

 

One only need read the posting on a 20-year case that affirmed that a taking requires just compensation. The Maguire Oil Company and Houston have been at it for 20 years, with the owner finally receiving just compensation on its inverse condemnation claim.

 

The case was heard in county civil court on March 16, 2009. A jury found that Maguire suffered a compensable regulatory taking and awarded Maguire $2 million in damages.

The city appealed, but on May 3, 2011 -- 20 years after the trouble began with the city of Houston -- the court of appeals overruled the city's issues and affirmed the trial court's final judgment for Maguire.

In its final analysis, the court of appeals stated that the Just Compensation Clause of the Fifth Amendment states, "[N]or shall private property be taken for use, without just compensation." It also noted that the Texas Constitution provides that no "person's property shall be taken, damaged or destroyed for or applied to public use without adequate compensation being made..."

The court cited a previous case that stated: "At the heart of the taking clause lies the premise that the government should not forc[e] some people alone to bear public burdens which, in all fairness of justice, should be borne by the public as a whole."

http://www.mywesttexas.com/business/oil/article_bbfb276e-39c2-5de4-b7ce-df2ff4bc7fec.html

 
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