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Combs v. B.A.R.D. Industries Inc.

A takings claim requires an intentional act of the state. Austin Court of Appeals, No. 03-08-00580-CV, 10-22-2009.

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OPINION

On the Court’s own motion, the opinion issued August 26, 2009, is withdrawn and the following opinion is substituted in its place.

Appellee B.A.R.D. Industries Inc. (“BARD”) filed suit against the Comptroller under chapter 74 of the Texas Property Code, appealing the Comptroller’s decision that it was not entitled to recover damages in connection with BARD’s claim for delivered property. See Tex. Prop. Code Ann. §§ 74.501, .506 (West 2007). Additionally, BARD asserted claims against the Comptroller for an unconstitutional taking, denial of due process, and unlawful seizure. Asserting that BARD’s chapter 74 and takings claims were barred by sovereign immunity, the Comptroller filed a plea to the jurisdiction, which the trial court denied. We will affirm in part the trial court’s order denying the Comptroller’s plea to the jurisdiction and reverse and dismiss in part.

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