Texas Water Permit Fight May Foster More Takings Claims

Law360, Dallas (August 28, 2013, 8:58 PM EDT) -- A Texas appeals court on Wednesday found that a groundwater district’s denial of water permits to a South Texas farm qualifies as a regulatory taking, in a ruling experts say gives teeth to the Texas Supreme Court’s key 2012 decision affirming property rights in groundwater.

The San Antonio Court of Appeals found the Edwards Aquifer Authority must compensate the owner of a pecan orchard after the groundwater district denied and limited his permit requests to access groundwater from the aquifer, but reversed the trial court’s damages calculation and ordered it to collect more evidence about the value of the water rights....

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