Coastal Indus. Water Authority v. Celanese Corp. of America

• Decision Date: 28 November 1979
• Docket Number: No. B-8437,B-8437
• Citation: 592 S.W.2d 597
• Parties: COASTAL INDUSTRIAL WATER AUTHORITY, Petitioner, v. CELANESE CORPORATION OF AMERICA, Respondent.
• Court: Texas Supreme Court

Page 597

592 S.W.2d 597

COASTAL INDUSTRIAL WATER AUTHORITY, Petitioner, v. CELANESE CORPORATION OF AMERICA, Respondent.

No. B-8437.

Supreme Court of Texas.

Nov. 28, 1979.

Fred Spence, Houston, for petitioner.

Winters, Deaton, Briggs & Britton, Alfred L. Deaton, III, Houston, for respondent.

McGEE, Justice.

This is a condemnation proceeding brought by the Coastal Industrial Water Authority ¹ to condemn a water line easement on land owned by the Celanese Corporation. The trial court sustained Celanese's special exceptions to the Authority's petition and dismissed the suit. The court of civil appeals affirmed the order of dismissal. 578 S.W.2d 544. We hold that the trial court erred in sustaining the special exceptions; therefore, we reverse the judgment of the court of civil appeals and remand the cause for trial.

In condemnation proceedings the property owner is given a single opportunity to recover damages for the taking of his property for public use. The procedure is governed by statute and the statutory requirements are to be strictly followed. ² City of Bryan v. Moehlman, 155 Tex. 45, 282 S.W.2d 687, 690 (1955).

Under the general eminent domain statutes formal proceedings begin when the condemnor files a statement with the county judge. The contents of the statement are set out in article 3264:

"It shall describe the land sought to be condemned, state the purpose for which it is intended to be used, the name of the owner, if known, and that the plaintiff and the owner have been unable to agree upon the value of the land or the damages."

Tex.Rev.Civ.Stat.Ann. art. 3264 (Vernon 1968). In 1973 the Authority filed a "Plaintiff's Statement" with the county court. The statement sought to condemn a "permanent water line easement in, on, upon, along, under, over and across the following described tract or parcel of land . . . ." The easement was located and described by metes and bounds. It was approximately 2900 feet long and 115 feet wide.

Special commissioners appointed to assess damages entered an award of $29,000. Pursuant to article 3268, the Authority deposited the award with the registry of the court, took possession of the property, and constructed its underground water pipeline. See Tex.Rev.Civ.Stat.Ann. art. 3268 (Vernon 1968 & Supp.1979).

Celanese timely filed objections to the award, requesting that the cause be tried in the county court. Later Celanese withdrew the award from the registry, and although it was thereby prevented from litigating the Authority's right to take the property, it could continue to litigate the issue of compensation. See State v. Jackson, 388 S.W.2d 924, 925-26 (Tex.1965). Subject to the requirements of article 3264, the Authority's "Plaintiff's Statement" was comparable to an original petition; Celanese was entitled to challenge its sufficiency with special exceptions. See Curfman v. State, 240 S.W.2d 482, 485 (Tex.Civ.App. Dallas 1951, writ ref'd n. r. e.).

Celanese's first two special exceptions complained that the statement failed to allege:

"No. 1: The specific rights of use of said easement taken by Plaintiff;

"No. 2: The specific rights of use of said easement remaining to Defendant; . . . ."

The remaining exceptions complained of the lack of allegations regarding specific rights and uses of the easement: Celanese's right of crossing the easement by road, Celanese's rights of crossing the easement by pipeline, limitations on ingress and egress along the easement, Celanese's right to fence the property, the Authority's responsibility for grass and drainage, ownership of the fee title of the subject property, the parties' rights to construct improvements on the easement, and the Authority's liability for possible damage to improvements placed on the easement by Celanese.

These special exceptions were sustained by the trial court. The Authority refused to amend its statement and the trial court ordered the suit dismissed. The initial question presented on appeal was whether the trial court erred in sustaining the special exceptions. We agree with the opinion of the court of civil appeals that there was no necessity that Celanese's specific rights and uses be set out in the petition. We disagree, however, with the opinion of the court of civil appeals insofar as it held that the first exception was correctly sustained.

The Authority contends that its petition complied with the allegations required by article 3264, including the purpose for the condemnation and a description of the property to be condemned. It argues that an unlimited easement for the purpose of a water line was clearly made the subject of the proceeding and the easement was accurately described and located by metes and bounds. We agree with this contention.

The Authority's statement alleged that it wished to acquire the water line easement "for the transportation of water and other facilities and uses incidental thereto or in connection therewith for Trinity Water Conveyance System." We find this to be an adequate statement of the purpose for which the easement was desired. Further allegations regarding the purpose of the condemnation or the necessity of the taking were unnecessary. In the absence of allegations that the condemnor acted arbitrarily or unjustly, the legislature's declaration that a specific exercise of eminent domain is for public use is conclusive, and the condemnation proceedings are limited to a determination of the amount to be paid to acquire that use. When the right to condemn is not limited to cases of necessity, the question of necessity is not a matter to be pleaded and proved. See Housing Authority v. Higginbotham, 135 Tex. 158, 143 S.W.2d 79, 88-89 (1940); Joyce v. Texas Power & Light Co., 298 S.W. 627, 629 (Tex.Civ.App. El Paso 1927, no writ). Celanese does not contend that the condemnation was not for a public use or was not necessary. Moreover, by withdrawing the funds from the registry Celanese narrowed the proceedings to a determination of the amount of compensation.

The petition in a condemnation proceeding has several functions that require an accurate description of the property to be condemned: "Unless the land is adequately identified, the owner cannot know what portion of his property is required, nor the commissioners what damages to assess, nor can the court by its decree effectively pass title." State v. Nelson, 160 Tex. 515, 334 S.W.2d 788, 790 (1960). The petition's description of the property is the basis for the decree. The adequacy of the petition's description is tested by the standards used for adequacy of description in a deed. "(T)he certainty required in the description of the land in a condemnation proceeding 'is of the same nature as that required in conveyances of land, so that a surveyor could go upon the land and mark out the land designated.' " Wooten v. State, 142 Tex. 238, 177 S.W.2d 56, 57 (1944); See Miers v. Housing Authority, 153 Tex. 236, 266 S.W.2d 842, 844 (1954).

In Parker v. Ft. Worth & D. C. Ry. Co., 84 Tex. 333, 19 S.W. 518 (1892), the landowner challenged the adequacy of the description of a railroad right of way obtained by condemnation. The description in the petition was found to be inadequate because although it identified a certain tract, it alleged only that a line had been located on the tract: "The petition alleged that a line had been located, but referred to no object and gave no description whereby that line might be ascertained . . . ." Id. at 520. In contrast to the petition in Parker v. Ft. Worth & D. C. Ry. Co., a petition to condemn an unlimited easement sufficiently describes the easement when the tract from which the easement is to be taken is described and the easement is specifically located upon it. The petition quoted in Compton v. Texas Southeastern Gas Co., 315 S.W.2d 345 (Tex.Civ.App. Houston 1958, writ ref'd n. r. e.), contains a description of a pipeline easement "as it lies upon the ground." Id. at 346-47, 349. Other condemnation cases have found metes and bounds descriptions of easements similar to the physical description in this case to be adequate. See, e. g., Browne v. Jefferson County, 507 S.W.2d 293 (Tex.Civ.App. Beaumont 1974, writ ref'd n. r. e.); Southwestern Bell Telephone Co. v. Brassell, 427 S.W.2d 709 (Tex.Civ.App. Tyler 1968, writ ref'd n. r. e.); Sinclair Pipe Line Co. v. Peters, 323 S.W.2d 651 (Tex.Civ.App. Beaumont 1959, no writ).

The petition in a condemnation proceeding also serves as notice to the landowner of the damages to which he may be entitled, and as the basis for evidence and issues on the question of damages. "(T)he petition should so describe the land to be taken that . . . the interested parties may come prepared with evidence to show what will be just compensation for the land to be condemned." Parker v. Ft. Worth & D. C. Ry. Co., supra at 519. Celanese contends that the petition failed to give reasonable notice of the damages attributable to the taking. It argues that the ability of the trial court to properly admit or refuse evidence and to charge the jury on the amount of compensation was impaired by the failure to describe the rights and uses of the parties. We disagree with this contention.

When a permanent, unlimited easement is sought the landowner is entitled to the difference in market value of the easement strip and the remainder at the time of the taking. In making this determination it must be considered that an unlimited easement carries with it all rights as are reasonably necessary for enjoyment consistent with its intended use. A pipeline easement allows the condemnor, in the maintenance and construction of its pipeline, to do what is reasonably necessary to accomplish the intended purposes for which the condemnation is sought. Myers v. Texas Eastern Transmission Co., 306 S.W.2d 751, 753 (Tex.Civ.App. Waco 1957, writ ref'd n. r. e.). The...