City of San Antonio v. Michalec – Case Brief Summary (Texas)

In City of San Antonio v. Michalec, 418 S.W.2d 358 (Tex. Civ. App.-San Antonio 1967, writ ref'd n.r.e.), the City sought to condemn a piece of residential property for a public road. Id. at 359.

At trial, an expert testified for the landowner as to the market value of the property before and after the condemnation. Id. at 359-60.

The jury awarded the landowner $3,000.00, and judgment was rendered in that amount. Id. at 359.

On appeal, the City complained that the landowner's expert had testified not simply to market value, but to "market value plus unique features." Id. at 360.

After examining the entirety of the expert's testimony, the Court held the City was incorrect. Id. at 360-61.

The Court held the expert simply testified about the unusual features of the property that made it ideal for family use, thereby enhancing the value of the property, and that taking into account the unusual features of the property was part of determining market value. Id. The expert specifically testified that his opinion was based purely on market value. Id. at 360.