DOT to court on bypass

Because there's a substantive proposal to build a bypass over water instead of land, affected owners now have a legal basis for challenging the state in court if it tries to seize their property. They can argue that the Department of Transportation has no right to take their land, homes and businesses… as long as there exists a "viable alternative" - namely the over-water route. However, since it is more expensive to build over water than over land - even including the cost of acquiring the land itself -- MDOT may argue that the higher costs involved would render any largely over-water alternative non-viable.

Yet when a judge weighs the other "costs" involved - notably those of throwing families out of their homes… building a high-speed high-way through residential neighborhoods… adversely and permanently changing the way of life of the community… significantly altering the landscape forever - while seriously impacting the environment… the court could rule that these other very real costs more than outweigh the additional dollar cost of building over water.

Since such a finding could give rise to a precedent-setting eminent domain decision, such a class-action lawsuit would typically be brought to federal court.