Duncan v. Calhoun County Navigation District

28 S.W.3d 707, 2000 Tex. App. LEXIS 6592
CourtCourt of Appeals of Texas
DecidedSeptember 28, 2000
Docket13-99-343-CV to 13-99-347-CV
StatusPublished
Cited by17 cases

This text of 28 S.W.3d 707 (Duncan v. Calhoun County Navigation District) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Duncan v. Calhoun County Navigation District, 28 S.W.3d 707, 2000 Tex. App. LEXIS 6592 (Tex. Ct. App. 2000).

Opinions

OPINION

Opinion by

Justice DORSEY.

Appellants are various landowners upon whose land an easement was acquired through eminent domain by the Calhoun County Navigation District. The Navigation District sought partial summary judgment on the issue of its authority to take the property through the power of eminent domain.1 The trial court granted summary judgment and severed the condemnation proceeding into two cause numbers, separating the issues of “just compensation” fi-om “right to take.”

The landowners here appeal the partial summary judgment granted in favor of the Navigation District. However, we do not address the merits of the appel[709]*709lants’ cause because we find that the trial court improperly split the condemnation cause of action and therefore, this matter is not ripe for our review. Accord Audish v. Clajon Gas Co., 731 S.W.2d 665, 672 (Tex.App.—Houston [14th Dist.] 1987, writ ref'd.) (holding that trial court did not err in refusing to sever “right to take” issues from “just compensation” issues in condemnation proceeding because they are merely subparts of a single cause of action). We hold that a condemnation proceeding may not be split into two lawsuits by separating the issues of “just compensation” from “right to take.”

We hold the trial court abused its discretion in ordering severance of the condemnation proceeding. Severance is proper where (1) the controversy involves more than one cause of action, (2) the severed claim is one that would be the proper subject of a lawsuit if independently asserted, and (3) the severed claim is not so interwoven with the remaining action that they involve the same facts and issues. Guaranty Fed. Sav. Bank v. Horseshoe Operating Co., 793 S.W.2d 652, 658 (Tex.1990). The severed portion of this lawsuit fails to meet the first two prongs of this test. The condemnation suit involved a single cause of action that could not be severed, and, the portion that was severed — the issue of the Navigation District’s authority to exercise the power of eminent domain — would not be the proper subject of an independent lawsuit. We hold that the issues of “just compensation” and “right to take” are components of a single, indivisible cause of action.

A proceeding in condemnation is a unique type of lawsuit, created entirely by statute. It is the procedure by which a sovereign state exercises its right to take property of a private owner for public use, without consent, but upon the payment of just compensation. Hubler v. City of Corpus Christi, 564 S.W.2d 816, 820 (Tex.Civ.App.—Corpus Christi 1978, writ refd n.r.e.). A condemnation is part administrative, part judicial. Amason v. Natural Gas Pipeline Co., 682 S.W.2d 240, 242

(Tex.1984), see also, generally, Laura Han-ley, Comment, Judicial Battles Between Pipeline Companies and Landowners: It’s Not Necessarily Who Wins But By How Much, 37 Hous. L.Rev. 125, 135-42 (2000) (describing the statutory process for condemnation).

The process begins by the condemning authority filing a statement in the proper court. Amason, 682 S.W.2d at 242. Upon the filing of this statement, the trial court judge appoints three special commissioners who assess the damages and then file an award which, in their opinion, reflects the value of the sought-after land. Id. The special commissioners are authorized only to assess the amount of fair compensation and have no authority to decide whether the condemnor possesses the right to condemn the property in the first place. Id. The initial proceedings through the filing of the special commissioners’ award are administrative in nature. Id.

If the condemnor is satisfied with the award, it must either pay the amount of the award to the condemnee or deposit that amount in the court’s registry. Id. If the condemnee is dissatisfied with the special commissioner’s award, he must timely file objections with the court. Id. Upon the filing of objections, the special commissioners’ award is vacated and the administrative proceeding converts into a normal lawsuit, pending in the court in which the application was filed, with the condemnor as plaintiff and the condemnee as defendant. Id. The condemnee has the burden of serving citation on the condemnor. Id. Then, the condemnor has the burden to prove that all requirements of the condemnation statute have been satisfied, thus giving it the right to take through the power of eminent domain. The con-demnee has the burden of proving the amount of fair compensation. We hold that these two issues — which together form only one cause of action — cannot be severed into two lawsuits.

Rule 41 of the Texas Rules of Civil Procedure states that any claim

[710]*710against a party may be severed and proceeded with separately. Tex.R. Civ. P. 41. The rule grants the trial court broad discretion in the matter of severance of causes. Guaranty Federal Sav. Bank, 793 S.W.2d at 658. A trial court’s decision to sever will be reversed only upon finding an abuse of discretion. Id. However, courts have long recognized that it is an abuse of discretion to grant a severance that splits a single cause of action. In Re El Paso County Hosp. Dist., 979 S.W.2d 10, 12 (Tex.App.—El Paso 1998, no pet.); Ryland Group, Inc. v. White, 723 S.W.2d 160, 161 (Tex.App.—Houston [1st Dist.] 1986, no writ); Duke v. Merkin, 599 S.W.2d 877, 880 (Tex.Civ.App.—El Paso 1980, no writ.); Nueces County Hospital District v. Texas Health Facilities Commission, 576 S.W.2d 908 (Tex.Civ.App.—Austin 1979, no writ); Hartnett v. Adams & Holmes Mort. Co., Inc., 539 S.W.2d 181, 184 (Tex.Civ.App.—Texarkana 1976, no writ). A “cause of action” consists of a plaintiffs primary right to relief and the defendant’s act or omission that violates that right. Jones v. Ray, 886 S.W.2d 817, 821 (TexApp.—Houston [1st Dist.] 1994, no writ).

This court has seen an increasing number of severances ordered after the granting of a partial summary judgment. However, even though partial summary judgment is proper in many cases, severance of that portion of the lawsuit is not proper when it amounts to the splitting of a single cause of action. The supreme court has explained that “[a] severance divides the lawsuit into two or more independent causes, each of which terminates in a separate, final and enforceable judgment.” Kansas University Endowment Ass’n v. King, 162 Tex. 599, 350 S.W.2d 11, 19 (1961).

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Duncan v. Calhoun County Navigation District
28 S.W.3d 707 (Court of Appeals of Texas, 2000)

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Bluebook (online)
28 S.W.3d 707, 2000 Tex. App. LEXIS 6592, Counsel Stack Legal Research, https://law.counselstack.com/opinion/duncan-v-calhoun-county-navigation-district-texapp-2000.