County Nueces v. A. L. Rankin Et Ux‪.‬

This is a condemnation suit instituted by Nueces County against A. L. Rankin and wife, Evelyn Rankin, for certain property situated in said county to be used for the erection of a county juvenile shelter. The county filed its petition for condemnation on November 4, 1954, and thereafter three special commissioners were duly appointed by the county judge to determine the damages to the property owners. On March 23, 1955, the commissioners awarded the property owners damages for the taking of their property in the sum of $11,500. Both parties, not being satisfied with the award, appealed therefrom. The case was thereafter tried in the County Court at Law before a jury. The jury awarded the property owners $13,800 as damages for the property taken and found in answer to other special issues that the county did not, prior to the institution of the condemnation proceedings, make a bona fide effort to agree with Rankin and wife on the amount of damages that would be sustained by them as a result of the county taking the land in question. The court entered judgment for the Rankins upon the verdict of the jury and ordered the county to make restitution of the property to Rankin and his wife. The county has appealed.