Texas Jury Awards Pecan Farmers $2.5M In Water Takings Suit

Law360, Dallas (February 23, 2016, 8:09 PM EST) -- A Texas state court jury on Monday said pecan farmers are owed more than $2.5 million after the Edwards Aquifer Authority denied them a requested groundwater permit, in the first case to hold that property owners can bring regulatory takings claims over such denials.

In a 10-2 verdict, a Medina County District Court jury found pecan farmers Glenn and JoLynn Bragg are owed $2.55 million in just compensation after the EAA declined their requested permit to continue using groundwater underneath their properties. The jury’s findings were based on the value of two commercial pecan orchards owned by the Braggs, both before...

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