Supreme Court of Texas hears dispute over whether repurchase statutes waive sovereign immunity

State of Texas v. JRJ Poussaint Williams (No. 240447) was argued before the Supreme Court of Texas on questions about the scope of chapter 21 repurchase statutes and whether those statutes contain a clear waiver of the State's sovereign immunity.

Petitioners' counsel argued that the repurchase statutes do not "clearly and unambiguously" waive the State's immunity. Counsel noted the landowners were "fully and fairly compensated" and that the deed transferring property after a Rule 11 settlement did not promise continued public use. Petitioners said the statute describes property taken "through eminent domain," and that a transfer by deed in settlement is not the same as a condemnation judgment, so…