The Mortgagee’s Interest in the Condemnation Award for a Partial Taking of the Mortgaged Property
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Discusses the creation of the Buell standard in determining the after partial taking award rights between a mortgagor and mortgagee. The author points out, the Buell decision, therefore, is an important addition to the Texas law of condemnation. While retaining the doctrinal consistency of the "impairment of security" standard, the Buell standard more adequately protects the mortgagee by allowing the trier of fact to also consider any reduction in the margin of security as damage to the security interest.