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City of Tyler v. Arp Nursery Co – Case Brief Summary (Texas)

In City of Tyler v. Arp Nursery Co., 451 S.W.2d 809 (Tex. Civ. App.-Tyler 1970, writ ref'd n.r.e.), the City of Tyler was condemning the landowner's property, a tree nursery, for a lake. Arp Nursery, 451 S.W.2d at 810.

The court found, and the City conceded, that because some of the trees on the property were seedlings and graftwood trees, planted and carefully cultivated for use in the existing nursery tree business, it could take into account the separate value of those trees in determining the market value of the land. Id.

This was not the issue on appeal; rather, the issue on appeal was whether the seedlings and graftwood tress were personalty or realty. Id. at 811.

The court held they were realty and thus to be considered in the market value determination. Id. at 811-12.