Does a business who's income depends heavily on drive-by traffic have any recourse for lost revenue due to a long term street closure (for major bridge/rail construction) that will cause traffic to be routed in such a way as to bypass the business?
Thank you in advance for any advice/comments on this issue!
Answer
Not necessarily, but possibly. You need to talk to a local lawyer who has expertise in government "takings." That is the legal term for when the government exercises its power of eminent domain to take land for, say, a freeway. But the old rule that there had to be a 100% taking has eroded and the definition of taking expanded. So there is some possibility that this situation would constitute a taking.
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