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County of Bexar v. Santikos

The rule that there can be no material and substantial impairment of access as a matter of law if reasonable access to the property remains after the condemnation, read in conjunction with the unsafe access holding, does not affect compensation for unsafe access, but simply declares diminished access to be uncompensable.

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AFFIRMED

This appeal stems from a condemnation case. Appellant Bexar County (County) appeals from a judgment in favor of Appellee John L. Santikos (Santikos). The County brought an action against Santikos *fn1 in May of 2000 to acquire title to a parcel of land composed of .485 acres of Santikos’ 27 acre plot after the parties’ respective surveyors disagreed as to the extent of post-taking damages to Santikos’ remaining land. Following a hearing by a panel of Special Commissioners and a subsequent jury trial, the court entered an order entitling the County to condemn the .485 acres but awarding Santikos a total of $400,000 in return for the taking. The County appeals, presenting this Court with four issues.

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