JERRY E. SMITH, Circuit Judge:
We are asked to decide whether article I, section 17 of the Texas Constitution ("section 17") requires the state to provide compensation to a privately-owned business for damages suffered incident to a waterfront restoration project. The project was undertaken to abate ground erosion that had destabilized the plaintiff's waterfront building, in particular, and other property located along a seafront basin, in general.
The instant...
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