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West Hardin County Consolidated Independent School District v. Poole

The West Hardin County Consolidated Independent School District obtained an in rem delinquent property tax judgment against an oil and gas lease that Wallace Maury Poole owned and operated. Poole sued, alleging a taking; the trial court dismissed the suit for want of jurisdiction, and the court of appeals reversed and remanded regarding the takings claim. Poole contends only that the district has injured him, not that it has taken his property without compensation. The court of appeals' judgment is reversed and rendered. Texas Supreme Court, No. 11-0362, 10-26-2012.

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The West Hardin County Consolidated Independent School District obtained an in rem delinquent property tax judgment against an oil and gas lease that Wallace Maury Poole owned and operated. Poole did not appeal, and the District foreclosed its judgment lien on the leasehold, taking ownership. The Railroad Commission then directed Poole to plug a well on the lease, see TEX. NAT. RES. CODE § 89.022(d), which Poole failed to do. Poole asserted that the responsibility lay with the District, the new owner, or alternatively, that the District had prevented him from re-entering the premises with threats of criminal prosecution. Ultimately, the Commission, after a hearing, ordered Poole to plug the well, see id. § 89.042, and assessed a penalty against him, see id. § 89.046. Poole did not seek judicial review of the order, see id. § 89.087, and when he failed to comply, the Commission plugged the well and brought an enforcement action in court to recover the costs of the operation and the penalty, see id. § 89.121. Poole and the Commission settled.

Poole then sued the District, alleging in part that the District’s actions had resulted in a taking of his property requiring compensation under article 1, section 17 of the Texas Constitution. The trial court dismissed Poole’s action for want of jurisdiction, but the court of appeals reversed and remanded with respect to the takings claim. ___ S.W.3d ___ (Tex. App.–Beaumont 2011).

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