Koch v. Texas General Land office

This is an appeal from a district court order granting a plea to the jurisdiction based on sovereign immunity. The case concerns a piece of real property. Appellant Judith Elaine Carroll Koch is the surface owner of the property, and appellee Texas General Land Office (GLO) owns the mineral estate. The GLO removed limestone from the property without providing compensation to Koch under the claim that the limestone was a part of the mineral estate. Koch sought a declaratory judgment that the mineral estate does not include the limestone, and that the GLOs removal of the limestone was a taking in violation of the United States and Texas constitutions. The GLO filed a plea to the jurisdiction based on sovereign immunity from suit. The district court granted the plea and dismissed the suit. We affirm the judgment of the district court as to Kochs requested declaratory relief concerning the title ownership of the limestone. We reverse the judgment of the district court as to Kochs takings claim and remand for further proceedings.