Bacich v. Board of Control

I concur in the conclusion that the judgment against the property owner should be reversed, but for reasons different from those stated by my associates. And as the decision vitally affects the public interest in that it may largely determine whether highway improvements essential for modern transportation can be made without incurring liability for damages beyond the capacity of the state or a municipality reasonably to pay, I deem it appropriate to state the grounds upon which I believe the determination should rest.

When the government acts, either by way of legislation or by the exercise…