Traffic Reroute Isn't A 'Taking,' Texas Tells Appeals Court

Law360, Houston (April 17, 2013, 10:44 PM EDT) -- The state of Texas told an appeals court Wednesday it should not be forced to pay a gas station and convenience store owner for losses it allegedly sustained as a result of a road project that permanently rerouted traffic away from the business.

Assistant Attorney General Susan D. Bonnen told the First District Court of Appeals that Momin Properties could not legally recover damages from the state caused by a recently built overpass that has the effect of diverting customers from the company’s gas station....
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