Elysian Fields Government Contract Lawyer, Texas, page 2

... by immunity, where a statute or the constitution requires that government contracts be made or performed in a certain way, leaving no room for discretion, a suit alleging a government official's violation of that law is not barred, even though it necessarily involves a contract. ...

... v. US, 188 Ct.Cl. 39, 411 F.2d 1246, 1249 (1969) ("The clear thrust of the authorities is that where the government possesses property under the color of legal right, as by an express contract, there is seldom a taking in violation of the Fifth Amendment."). ...

... Both chapters apply to facilities operated by the government or under government contract. TEX. LOC. GOV'T CODE § 244.001(1)(A); TEX. GOV'T CODE § 509.001(1). Barr and Philemon have never operated under government contract. ...