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In re State

After the state initiated eminent domain proceedings to acquire property from James and Rosemary LeGuin, the LeGuins asked the state to disclose various documents related to the value of the property to be condemned and to construction plans for the property. The state objected to the request, but the trial court ordered the state to produce the requested documents. In response to the trial court's order, the state filed a petition for writ of mandamus asking this court to vacate the trial court's order. After concluding that the district court abused its discretion by determining that Texas Property Code �21.024 applied and determining that the state does not have an adequate remedy, the court conditionally grants the state's petition for writ of mandamus. Austin Court of Appeals, No. 03-10-00260-CV, 11-12-2010

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OPINION

In November 2009, the State, “acting by and through” the Texas Transportation Commission (the “Commission”) and the Texas Department of Transportation (the “Department”) (cumulatively the “State”), initiated an eminent domain proceeding in order to acquire property from James and Rosemary LeGuin (“the LeGuins”). After the State initiated the proceeding, the LeGuins asked the State to disclose various documents related to the value of the property to be condemned and to construction plans for the property. The State objected to the request, but the trial court ordered the State to produce the requested documents. In response to the trial court’s order, the State filed a petition for writ of mandamus asking this Court to vacate the trial court’s order. We will conditionally grant the writ.

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