City of Houston v. Texan Land & Cattle Co
In City of Houston v. Texan Land & Cattle Co., 138 S.W.3d 382 (Tex. App.--Houston 14th Dist. 2004, no pet.), which involved a condemnation proceeding, the Fourteenth Court of Appeals held that where a defendant's actions result in both a temporary and permanent taking, a plaintiff is entitled to recover loss-of-use damages for the time of the temporary taking as well as the fair market value of the property at the time that the temporary taking becomes permanent. Id. at 391.