Watch The Hummingbird Project (2018) it's an interesting little movie.
From your link -
"The "ad infernum" theory positing property ownership "to the center of the Earth" has also been eroded. A review of modern American jurisprudence demonstrates that the theory is more poetic hyperbole than binding law, and that broadly speaking, the deeper the disputed region, the less likely courts are to recognize that the surface owner holds subsurface title. [21] Appraisal studies of subsurface projects such as subways, deep storm drainage tunnels, and particle colliders consistently conclude that such projects, built well below the area that the vast majority of surface property owners ever put to use, do not deprive the surface owners of any value."
I know, and this affects all players equally. For subways this usually is less of a problem because the actual subways don't need to travel vertically. Cars would need to get up and down, though, which means boring gets more expensive and throughput gets smaller.
How is this something that can be solved with the yet to be invented new TBM?