Williams v. Guadalupe-Blanco River Authority, 2021 Tex. App. LEXIS 5376 *1 (2021) reviewed whether a Texas trial court had proper subject matter jurisdiction to hear, inter alia, a takings claim under Texas law. Specifically, the court reviewed “whether [the Guadalupe-Blanco River Authority’s (“GBRA”) decisions regarding operations of [] hydro dams resulted in particularized injuries to [the owners of lake adjacent properties]?” Id. at *5-*6.

Located in the Guadalupe River Valley were six hydroelectric dams, each owned by the GBRA, which split the river into six lakes. In 2016 and 2019, two dam failures caused the complete drainage of two lakes. In response, the GBRA announced its intent for a “systematic drawdown” of the remaining four lakes, claiming that the failure of the other dams was inevitable. The owners, wanting to prevent the drawdown, sued the GBRA for injunctive relief, declaratory relief, and damages. In relying on four binding authorities, the court resolved this dispute in favor of the GBRA.

The court discussed four cases – three from the Texas Supreme Court and one from the Court of Civil Appeals of Texas. The cases outlined that for an injury to be particularized, and therefore, create standing, (1) it cannot be one that is suffered by the public at-large; (2) it cannot solely rely on a claim of diminished property values; and (3) the claimants must have a property right in the property directly affected. Additionally, not every negative impact to private property amounts to a taking.

Here, the property owners’ lack of a property right in the relevant affected property and their arguments of (1) aesthetic and recreational losses and (2) diminished property values, did not create standing to bring their suit.

Diamond Royster is a Summer Associate with Pender & Coward for the 2021 summer.

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