Harris Cnty. Flood Control Dist. v. Kerr

Docket Number13-0303
Decision Date17 June 2016

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88 cases
  • Jim Olive Photography v. Univ. of Hous. Sys.
    • United States
    • Texas Supreme Court
    • June 18, 2021
    ...substantial-certainty test is also part of our takings analysis for temporary physical occupations, see Harris Cnty. Flood Control Dist. v. Kerr , 499 S.W.3d 793, 800 (Tex. 2016), which one scholar recognized as a potential solution to the "murk[y]" federal standard. See Sandra B. Zellmer, ......
  • Baker v. City of McKinney
    • United States
    • U.S. District Court — Eastern District of Texas
    • April 29, 2022
    ...took or damaged their property for public use, or was substantially certain that would be the result." Harris Cnty. Flood Control Dist. v. Kerr , 499 S.W.3d 793, 799 (Tex. 2016) (quoting City of Keller v. Wilson , 168 S.W.3d 802, 807 (Tex. 2005) ). As such, "a taking cannot be established b......
  • Baker v. City of McKinney
    • United States
    • U.S. District Court — Eastern District of Texas
    • November 18, 2021
    ...took or damaged their property for public use, or was substantially certain that would be the result.’ " Harris County Flood Control District v. Kerr , 499 S.W.3d 793, 799 (Tex. 2016) (quoting City of Keller v. Wilson , 168 S.W.3d 802, 807 (Tex. 2005) ). In accordance with the intentionalit......
  • Univ. of Hous. Sys. v. Jim Olive Photography
    • United States
    • Texas Court of Appeals
    • June 11, 2019
    ...in its entirety." Andrus v. Allard , 444 U.S. 51, 65–66, 100 S.Ct. 318, 62 L.Ed.2d 210 (1979).27 See Harris Cty. Flood Control Dist. v. Kerr , 499 S.W.3d 793, 804–05 (Tex. 2016) (noting that where government action harms an individual, "[o]ne's normal reaction is that he should be compensat......
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1 books & journal articles
  • Tangibility as Technology
    • United States
    • Georgia State University College of Law Georgia State Law Reviews No. 37-3, March 2021
    • Invalid date
    ...510 U.S. 43, 61 (1993) ("Individual freedom finds tangible expression in property rights.").5. Harris Cnty. Flood Control Dist. v. Kerr, 499 S.W.3d 793, 804 (Tex. 2016) (cleaned up) ("Locke deemed the preservation of property rights '[t]he great and chief end' of government, a view we echoe......