Town of Flower Mound v. Stafford Estates Limited Partnership
Supreme Court of Texas
135 S.W.3d 620 (2004)
The town (defendant) conditioned approval of Stafford's (plaintiff) development plat on Stafford completely rebuilding an already-adequate abutting asphalt road with concrete, and Stafford, after objecting that the existing road was in good repair, spent $484,303.79 to comply and then sued for reimbursement, arguing the condition was an uncompensated taking.
Whether a municipality's conditioning of plat approval upon some required action by the landowner constitutes a compensable taking if the municipality fails to prove that the condition is substantially related to the advancement of a legitimate government interest and is roughly proportional to the proposed development's projected impact on the community.