AUSTIN - The Texas Supreme Court recently found that two plaintiffs offered evidence that TxDOT intentionally destroyed their trees, remanding the inverse condemnation claim to the trial court for further proceedings.
Mark and Birgit Self sued TxDOT for negligence and inverse condemnation after employees of a TxDOT subcontractor cut down trees on their property outside the boundaries of the state’s right-of-way easement.
Court records show TxDOT filed a plea to the jurisdiction, asserting immunity from both causes of action.
The trial court denied the plea and a court of appeals affirmed in part and reversed in part.
The appellate court held that TxDOT’s evidentiary plea to the jurisdiction failed on the negligence cause of action but should have been granted on the cause of action for inverse condemnation.
The Texas Supreme Court disagreed.
On May 17, justices reversed the court of appeals’ judgment, rendering judgment dismissing the negligence cause of action, and remanding the cause of action for inverse condemnation to the trial court for further proceedings.
“As to negligence, the Selfs have not shown either that the subcontractor’s employees were in TxDOT’s paid service or that other TxDOT employees operated or used the motor-driven equipment that cut down the trees, as required to waive immunity under the Tort Claims Act,” the opinion states.
“Regarding inverse condemnation, however, the Selfs have alleged and offered evidence that TxDOT intentionally directed the destruction of the trees as part of clearing the right-of-way for public use.”
Texas Supreme Court case No. 22-0585