The Edwards Aquifer Authority v. Bragg, No. 04-11-00018-CV, 2013 Tex. App. LEXIS 13854 (Tex. Ct. App. Nov. 13, 2013)

(in prior action,  Texas Supreme Court  held that land ownership includes an interest in groundwater in place, and that limiting a private owner’s water usage for a public purpose constitutes a taking requiring the payment of just compensation under the Texas Constitution; ultimately, however, Court remanded case for determination of whether denial of  permit in amount of water requested by landowners constituted taking after full development of record; on remand, court held that regulatory taking occurred when water was limited to amount inadequate for landowners’ pecan orchards and just compensation was amount by which property impaired by taking). 

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