economic feasibility exception in Texas

2024The injunction permanently ordered Defendants to cease a long list of “Activities” 87 involved in growing chickens “on Defendants’ 86 Indeed, “Texas courts have recognized the so-called economic feasibility exception,” which “applies when the cost of required repairs or restoration [stemming from a nuisance] exceeds the diminution in the property’s market value to such a disproportionately high degree that the repairs are no longer economically feasible.” Gilbert Wheeler, 449 S.W.3d at 481 .

2017Corp., 478 S.W.3d 649 , 656 n.27 (Tex. 2016) (noting that the Gilbert Wheeler decision recognized, for damages for temporary and permanent injuries to real property, the " 'economic feasibility exception,’ which limits the owner to the lesser amount of damages when necessary to avoid overcompensation”); Gilbert Wheeler, Inc., 449 S.W.3d at 481-482 (explaining that Texas intermediate courts, in temporary injury cases, had “recognized the so-called economic feasibility exception to the general rule that the cost to restore is the proper measure of damages”).

2017See Mieth v. Ranchquest, Inc., 177 S.W.3d 296, 303-304 (Tex. App.-Houston [1st Dist.] 2005); N. Ridge Corp. v. Walraven, 957 S.W.2d 116, 119-120 (Tex. App.-Eastland 1997, pet. denied) (though injuries caused by unrelated spills were capable of being remediated, the cost was more than six times the value of the entire tract; on remand, "to properly determine if it was 'economically feasible’ to ‘repair’ the land, the jury should consider evidence of the difference in the value of the land before and after the injury”); Hall v. Hubco, Inc., 292 S.W.3d 22, 32 (Tex. App.Houston [14th Dist.] 2006,

2014Id. at 119-20 , Although this Court has not expressly recognized the economic feasibility exception, we have applied it, or something very similar to it, when necessary to prevent a landowner from being overcompensated.

2017See Mieth v. Ranchquest, Inc., 177 S.W.3d 296, 303-304 (Tex. App.-Houston [1st Dist.] 2005); N. Ridge Corp. v. Walraven, 957 S.W.2d 116, 119-120 (Tex. App.-Eastland 1997, pet. denied) (though injuries caused by unrelated spills were capable of being remediated, the cost was more than six times the value of the entire tract; on remand, "to properly determine if it was 'economically feasible’ to ‘repair’ the land, the jury should consider evidence of the difference in the value of the land before and after the injury”); Hall v. Hubco, Inc., 292 S.W.3d 22, 32 (Tex. App.Houston [14th Dist.] 2006,

2017See Mieth v. Ranchquest, Inc., 177 S.W.3d 296, 303-304 (Tex. App.-Houston [1st Dist.] 2005); N. Ridge Corp. v. Walraven, 957 S.W.2d 116, 119-120 (Tex. App.-Eastland 1997, pet. denied) (though injuries caused by unrelated spills were capable of being remediated, the cost was more than six times the value of the entire tract; on remand, "to properly determine if it was 'economically feasible’ to ‘repair’ the land, the jury should consider evidence of the difference in the value of the land before and after the injury”); Hall v. Hubco, Inc., 292 S.W.3d 22, 32 (Tex. App.Houston [14th Dist.] 2006,