Hey, City Council woman Colleen McIntyre, regarding the great Corpus Christi park sell-off, for reasonably priced housing, by giving the contractors tax payer incentives; did you research Inverse condemnation and payment for the homes around the parks you intend to sell, or give to developers as their little incentive? If the government knows that specific damage is substantially certain to result from its conduct, then takings liability may arise even when the government did not particularly desire the property to be damaged. Jennings, 142 S.W.3d at 314. Thus, when a governmental entity physically damages private property in order to confer a public benefit, that entity may be liable under Article I, section 17 if it (1) knows that a specific act is causing identifiable harm or (2) knows that the specific property damage is substantially certain to result from an authorized government action—that is, that the damage is “necessarily an incident to, or necessarily a consequential result of” the government’s action. Tex. Highway Dep’t v. Weber, 219 S.W.2d 70, 71 (Tex. 1949); accord Tarrant Reg’l Water Dist. v. Gragg, 151 S.W.3d 546, 555 (Tex. 2004). inversecondemnation/inversecondemnation/2012/03/texas-again-affirms-property-rights-no-rolling-easement-on-beaches.html
Posted on: Sat, 28 Jun 2014 23:22:10 +0000
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