City of San Antonio v. Pollock

in which Chief Justice JEFFERSON, Justice WAINWRIGHT, Justice JOHNSON and Justice WILLETT joined, and in all but Part II-C of which Justice BRISTER joined.

When the government maintains a public nuisance that it knows is substantially certain to cause a specific injury to private property, it may be required by article I, *812section 17 of the Texas Constitution1 to provide adequate compensation for taking or damaging the property.2 The claim in this case is that benzene from a closed municipal waste disposal site migrated through the soil to a nearby home, reducing its value and causing the…