DISSENTING OPINION ON REHEARING
For the reasons stated fully in my dissenting opinion on original submission, and for the additional reasons expressed here, I would grant MidTexas’ Motion for Rehearing.
The conclusions reached by the majority in this case are directly contrary to the *862conclusions reached in three cases decided recently in Texas. These cases are Hubenak v. San Jacinto Gas Transmission Co., 65 S.W.3d 791 (Tex.App.-Houston [1st Dist.] 2001, no pet. h.); Cusack Ranch Corp. v. MidTexas Pipeline Co., 71 S.W.3d 395 (Tex.App.-Corpus Christi, 2001, no pet. h.); and Hubenak v. San Jacinto Gas Transmission Co., 37 S.W.3d 133 (Tex.App.-Eastland 2001, pet. denied).3 Indeed, on the essential issue — whether the inclusion of property rights in addition to the property to be condemned in the condem-nor’s offer renders that offer ineffectual or not bona fide — the one case relied on by the condemnee and the majority here (although the cite has now been removed from the majority opinion) has now been overruled on rehearing with the opposite result prevailing. See Hubenak v. San Jacinto Gas Transmission Co., 65 S.W.3d 791.
There is not one case that now supports the view taken by the majority in this case. If the majority view prevails here it will add confusion to the law of eminent domain and if followed generally, will thwart the legislative purposes to simplify eminent domain proceedings and to lessen the likelihood of unnecessary litigation and appeals.
I urge the majority not to contribute to the conflicts and to the hyperteehnicality in the law of eminent domain by ruling contrary to the settled law set out in the well reasoned opinions in the cases cited here.
I respectfully dissent to the overruling of the motion for rehearing.
. The court in this case held that the fact that the condemnor’s offer included rights in addition to those it later sought to condemn did not render the offer invalid as a matter of law, but there was a fact question whether the condemnor negotiated in good faith.