Government causes another long-term problem

This is a fascinating article about a Portsmouth community complaining about the noise from I95. It appears bland, but it is an excellent exercise in property rights and conflict. 

 Based on the article, I will presume that the homeowners owned their properties before the existence of the I95 behemoth. “…in the 1950s…you could walk across I-95 to go to Sherburne School.” I’ll also assume that they are the proper owners (because no one has claimed the contrary, and anyone who does would have to prove it). These homeowners, therefore, own their property rights with the pre-existing noise levels. Thus, the expansion of the highway, because it raised local, average noise levels, easily measurable, is a clear trespass. A court injunction against the highway would be appropriate. So would noise barriers. 

However, who “owns” the highway? Nobody and everybody, as usual, when it comes to public property. So, the problem is that any damages would be paid by the unseen man, i.e., by the hapless taxpayer. This, too, is unjust. So, here’s the problem: the government, which is “responsible” for the road owes damages to the Portsmouth people, but if they were to pay restitution, they would commit another unjust act by taxing other people. What to do? 

The solution is unclear to me, though it is very important to point out that this is completely a government problem*. Maybe existing bureaucrats should pay for mitigation/compensation out of their own pockets. After all, they’ve “inherited” the government largesse, so maybe they also inherit the claims against them. Also, although their paychecks are based 100% on taxes, at least the tax bill won’t increase. I’m not sure, but it’s a suggestion. 

*I remember reading about Robert Moses who used eminent domain, seized thousands of apartments, and destroyed local communities in order to build the Cross Bronx Expressway in NY, which is currently a terrible road—busy and hazardous—embedded in a impoverished-looking neighborhood. We don’t need no stinkin’ leaders!