Oh he will probably win. I just wonder about all the people south of I-10. Did TXDot "take" their land too? Do they get paid off too? Everybody flooded north or south. Everybody would still have flooded even if I-10 did not exist.
But we aren’t discussing criminal charges which have nothing to do with a constitutional right.
The government doesn’t have to receive something in order to take it under the Fifth Amendment.
I have already said that the burden is on the land owner to prove that the highway caused the damage. If he can do so however, he will probably have a good case under the Constitution.
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