The Texas Supreme Court has ruled that a claim to buy back land acquired for a highway can proceed after a change in the project's route left part of the property unused.
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change → rule → property
The case concerns land in Tomball, Harris County.
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case → concern → Tomball
The state acquired it from Joyce Hutcherson, Rudolph Pusok and Jimmie Pusok in 2014.
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state → acquire → 2014
After the route changed, the state identified part of the land as surplus but refused to sell it back.
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state → change → it
The former owners later transferred their repurchase rights to JRJ Pusok Holdings LLC.
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owners → transfer → LLC
The company then took the matter to court.
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company → take → court
On June 12, 2026, the state's highest court allowed the claim to proceed.
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claim → allow → June
However, it did not order Texas to return the land.
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it → order → land
How Texas acquired the property
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Texas → acquire → property
The dispute began in October 2013.
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dispute → begin → October
Texas notified the landowners that it intended to acquire their property for a highway project.
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it → notify → project
The state initially offered $496,120 in compensation.
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state → offer → compensation
After the offer was not accepted, condemnation proceedings began.
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proceedings → accept → ?
In April 2014, both sides agreed on a value of $681,705.
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sides → agree → 681,705
The property was then transferred to the state through a special warranty deed.
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property → transfer → deed
The condemnation case was later dismissed following the settlement.
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case → dismiss → settlement
Officials later changed the highway's route.
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Officials → change → route
As a result, part of the acquired property was left unused.
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part → acquire → property
In February 2017, a representative of the Texas Department of Transportation's Right of Way Division identified the land that the state considered surplus.
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state → identify → land
However, the state refused to sell it back to the former owners.
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state → refuse → owners
The landowners then transferred their repurchase rights to JRJ Pusok Holdings LLC.
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landowners → transfer → LLC
The company filed a lawsuit to enforce those rights under Texas law.
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company → file → law
The case reached the Texas Supreme Court
JRJ Pusok Holdings sued the state and the director of the Texas Department of Transportation's Right of Way Division.
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Holdings → reach → Division
The state argued that sovereign immunity protected it from the lawsuit.
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immunity → argue → lawsuit
It also challenged the court's jurisdiction.
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It → challenge → jurisdiction
A trial court initially dismissed the case.
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court → dismiss → case
The Texas Court of Appeals for the Fourteenth District later reversed that decision on the repurchase claim.
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Court → reverse → claim
It ruled that the claim could proceed despite the state's immunity argument.
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claim → rule → argument
Texas then appealed to the state Supreme Court.
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Texas → appeal → Court
What the Supreme Court ruled
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ruled → rule → What
On June 12, 2026, the Texas Supreme Court upheld the appellate court's decision.
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Court → uphold → decision
It ruled that sovereign immunity could not block the statutory repurchase claim under the circumstances covered by the law.
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immunity → rule → law
The court also clarified that property acquired through condemnation proceedings can qualify as property acquired through eminent domain.
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property → clarify → domain
This applies even when both sides agree on compensation before a final condemnation judgment.
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sides → apply → judgment
The ruling also addressed the right to repurchase only the portion of the property that is no longer needed for public use.
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that → address → use
The case was sent back to the lower court for further proceedings.
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case → send → proceedings
The Supreme Court did not rule that JRJ Pusok Holdings was entitled to the land.
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Holdings → rule → land
Nor did it order the state to sell the property back.
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it → order → property
What Texas law says about buying back condemned land
Chapter 21 of the Texas Property Code provides a repurchase right in certain circumstances.
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Chapter → say → circumstances
This can apply when property acquired through eminent domain is no longer needed for its intended public use.
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property → apply → use
…and 3 more, not listed.
The Aporia
