properly pled takings claim (Texas) · Go Syfert
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properly pled takings claim in Texas

21 Texas opinions name it 2 courts 2013–2025 12 in the last five years

The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

CaseFollowedCited
Hearts Bluff Game Ranch, Inc. v. Stategreen
tex · 2012 · cited in 15 Texas opinions naming this issue, 2013–2025
2 sentences

2025“In the absence of a properly pled takings claim, the state retains immunity.” Hearts Bluff Game Ranch, Inc. v. State, 381 S.W.3d 468, 476 (Tex. 2012).

2025“In the absence of a properly pled takings claim, the state retains immunity.” Hearts Bluff Game Ranch, Inc. v. State, 381 S.W.3d 468, 476 (Tex. 2012).

1015
City of Houston v. James & Elizabeth Carlsongreen
tex · 2014 · cited in 7 Texas opinions naming this issue, 2015–2021
2 sentences

2021Instead, it is the plaintiff’s burden to plead facts that affirmatively state a viable claim. “‘In the absence of a properly pled takings claim, the state retains immunity’” and the court “must sustain a properly raised plea to the jurisdiction.” City of Houston v. Carlson, 451 S.W.3d 828, 830 (Tex. 2014) (quoting Hearts Bluff Game Ranch, Inc. v. State, 381 S.W.3d 468, 476 (Tex. 2012)).

2021“In the absence of a properly pled takings claim, the state retains immunity” and “a court must sustain a properly raised plea to the jurisdiction.” Id. at 830 .

57
Klumb v. Houston Municipal Employees Pension Systemgreen
tex · 2015 · cited in 1 Texas opinions naming this issue, 2025–2025
1 sentence

2025Pension Sys., 458 S.W.3d 1, 13 (Tex. 2015)). “[T]he State retains its immunity in the absence of a properly pled takings claim.” Jim Olive Photography v. Univ. of Houston Sys., 624 S.W.3d 764 , 777 (Tex. 2021).

11
Dallas Area Rapid Transit v. Whitleygreen
tex · 2003 · cited in 1 Texas opinions naming this issue, 2021–2021
1 sentence

2021“In a suit against a governmental unit, the plaintiff must affirmatively demonstrate the court’s jurisdiction by alleging a valid waiver of immunity.” Dallas Area Rapid Transit v. Whitley, 104 S.W.3d 540, 542 (Tex. 2003); cf. also Hearts Bluff Game Ranch, Inc. v. State, 381 S.W.3d 468, 476 (Tex. 2012) (“In the absence of a properly pled takings claim, the state retains immunity.”).

11
Andrade v. NAACP of Austingreen
tex · 2011 · cited in 1 Texas opinions naming this issue, 2017–2017
1 sentence

2017See Texas Parks & Wildlife Dep’t v. Sawyer Tr., 354 S.W.3d 384, 388 (Tex. 2011) (considering underlying nature of claim to determine if sovereign immunity waived as to that claim); Andrade v. v. NAACP of Austin, 345 S.W.3d 1, 11 (Tex. 2011) (considering substance of claims that included allegations of constitutional violations in reviewing plea to jurisdiction and noting that immunity was retained unless “viable claim” pleaded); see also Hearts Bluff Game Ranch, Inc. v. State, 381 S.W.3d 468, 476, 491 (Tex. 2012) (observing that state retains immunity in “absence of a properly pled takings cla

11
Texas Parks & Wildlife Department v. Sawyer Trustgreen
tex · 2011 · cited in 1 Texas opinions naming this issue, 2017–2017
1 sentence

2017See Texas Parks & Wildlife Dep’t v. Sawyer Tr., 354 S.W.3d 384, 388 (Tex. 2011) (considering underlying nature of claim to determine if sovereign immunity waived as to that claim); Andrade v. v. NAACP of Austin, 345 S.W.3d 1, 11 (Tex. 2011) (considering substance of claims that included allegations of constitutional violations in reviewing plea to jurisdiction and noting that immunity was retained unless “viable claim” pleaded); see also Hearts Bluff Game Ranch, Inc. v. State, 381 S.W.3d 468, 476, 491 (Tex. 2012) (observing that state retains immunity in “absence of a properly pled takings cla

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
City of McKinney v. Hank's Restaurant Group, L.P. green
texapp · 2013
1 sentence

2014City of McKinney, 412 S.W.3d at 112 .

12014–2014

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