undivided-fee rule (Texas) · Go Syfert
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undivided-fee rule in Texas

8 Texas opinions name it 2 courts 1995–2020 0 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
Aronoff v. City of Dallasgreen
texapp · 1958 · cited in 3 Texas opinions naming this issue, 1995–2009
2 sentences

2009State v. Ware , 86 S.W.3d 817, 822 (Tex. App.—Austin 2002, no pet.); Aronoff v. City of Dallas , 316 S.W.2d 302 , 307-08 (Tex. Civ .

2009State v. Ware, 86 S.W.3d 817, 822 (TexApp.-Austin 2002, no pet.); Aronoff v. City of Dallas, 316 S.W.2d 302, 307-08 (Tex.Civ.App.-Texarkana 1958,' writ refd n.r.e.).

23
State v. Central Expressway Sign Associatesgreen
tex · 2009 · cited in 2 Texas opinions naming this issue, 2015–2020
2 sentences

2020“The undivided-fee rule states that when real property has been carved into different interests, the property is valued for condemnation purposes as if it were owned by a single party.” State v. Central Expressway Sign Assocs., 302 S.W.3d 866, 873 (Tex. 2009).

2015Expressway Sign Assocs., 302 S.W.3d 866, 873 (Tex.2009) ("The undivided-fee rule states that when real property has been carved into different interests, the property is valued for condemnation purposes as if it were owned by a single party.

22
State v. Waregreen
texapp · 2002 · cited in 2 Texas opinions naming this issue, 2009–2009
2 sentences

2009State v. Ware , 86 S.W.3d 817, 822 (Tex. App.—Austin 2002, no pet.); Aronoff v. City of Dallas , 316 S.W.2d 302 , 307-08 (Tex. Civ .

2009State v. Ware, 86 S.W.3d 817, 822 (TexApp.-Austin 2002, no pet.); Aronoff v. City of Dallas, 316 S.W.2d 302, 307-08 (Tex.Civ.App.-Texarkana 1958,' writ refd n.r.e.).

22
Urban Renewal Agency v. Trammelgreen
tex · 1966 · cited in 4 Texas opinions naming this issue, 1995–2002
2 sentences

2002The court of appeals, in dicta, recited the undivided-fee rule and noted that it applied “to a lease or other legal interest, such as an easement.” Id. (citing Trammel, 407 S.W.2d at 774 ).

2002The court of appeals, in dicta , recited the undivided-fee rule and noted that it applied "to a lease or other legal interest, such as an easement." Id. (citing Trammel , 407 S.W.2d at 774 ).

14
Federal Oil Co. v. City of Culver Citygreen
calctapp · 1960 · cited in 3 Texas opinions naming this issue, 2002–2002
2 sentences

2002Therefore, the issue is solely as to the market value of Federal [OilJ’s rights in the surface of the subject land.” Id. at 522; see also 4 Nichols at § 12.05[2] (“An[ ] exception to the undivided fee rule arises where the condemnor already owns all the interests in the land except that of the condemnee.”).

2002Therefore, the issue is solely as to the market value of Federal [Oil]'s rights in the surface of the subject land. " Id. at 522 ; see also 4 Nichols at § 12.05[2] ("An[] exception to the undivided fee rule arises where the condemnor already owns all the interests in the land except that of the condemnee.").

13
Reeves v. City of Dallasgreen
texapp · 1946 · cited in 1 Texas opinions naming this issue, 1995–1995
1 sentence

1995Reeves v. City of Dallas , 195 S.W.2d 575, 581-82 (Tex. Civ.

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
Zinsmeyer v. State green
texapp · 1983
2 sentences

2002The court of appeals, in dicta, recited the undivided-fee rule and noted that it applied “to a lease or other legal interest, such as an easement.” Id. (citing Trammel, 407 S.W.2d at 774 ).

2002The Wares assert that the undivided-fee rule “has also been consistently applied in cases involving easements and other undivided ownerships.” However, they direct this Court to but one authority to support their assertion, Zinsmeyer v. State, 646 S.W.2d 626 (Tex.Civ.App.-San Antonio 1983, no writ).

32002–2002

Where else courts name it

TX 8 (1995–2020) KS 2 (1980–1981) WI 2 (2009–2009) MT 2 (1976–1976)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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