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← 832 S.W.2d 71 - State v. Hipp

State v. Hipp’s Empirical Analysis

1992

Citation profile

14
cited by 14 later decisions
2
states following
June 2005
most recently cited

14 state decisions

Relationships

Relies on Sterner v. Marathon Oil Co. · Texas & Pacific Railway Co. v. Gulf, Colorado & Santa Fe Railway Co. · Collora v. Navarro · Texas & Pac. Ry. v. Gulf, Etc., Ry. · Houston North Shore Railway Co. v. Tyrrell

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “(a) If ... a corporation with eminent domain authority ... wants to acquire real property for public use but is unable to agree with the owner of the property on the amount of damages, the condemning entity may begin a condemnation proceeding by filing a petition in the proper court. (b) The petition must: [[Image here]] (4) state that the entity and the property owner are unable to agree on the damages.”
    2 later decisions quote this exact passage
  2. “[T]he statutory prerequisite may be satisfied if the condemnor makes a single bona fide offer to a landowner that the condemnor in good faith feels is the amount of compensation due, and the landowner rejects that offer.”
    2 later decisions quote this exact passage
  3. “If ... a factual dispute as to the fulfillment of this statutory prerequisite is a question for the jury, an entire eminent-domain proceeding would be void and the case dismissed if, at the conclusion of the trial, the jury found that the condemnor had failed to satisfy the unable-to-agree requirement.... Such a process obviously results in an enormous waste of time and money for all parties involved, including the judicial system. The purpose of requiring the condemnor to plead and prove that it made a bona fide effort to agree is to prevent needless litigation. A process that permitted a complete jury trial simply to determine if the trial court had jurisdiction over the cause would frustrate that purpose. We conclude that the trial judge should determine as a threshold matter whether the condemnor has satisfied the unable-to-agree prerequisite to bringing suit. Such a process comports with the general rule that the determination of jurisdiction is made by the court, not the jury. A matter of first consideration by any court is the determination of its own jurisdiction. Moreover, a court has the power to determine any facts on which its jurisdiction depends. Indeed, Texas courts must often resolve factual issues in making jurisdictional determinations .... Thus, our conclusion that the judge, not the jury, should decide whether the condemnor has satisfied the statutory requirement comports with traditional Texas practice as to the determination of jurisdictional matters.”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.