Devillier v. Texas
Supreme Court of the United States
Full case nameRichard Devillier, et al. v. Texas
Docket no.22-913
Questions presented
May a person whose property is taken without compensation seek redress under the self-executing Takings Clause even if the legislature has not affirmatively provided them with a cause of action?

Devillier v. Texas, (Docket No. 22-913), is a case that is currently pending before the Supreme Court of the United States.[1] The case has the potential to clarify the Supreme Court's takings clause jurisprudence. The Court is scheduled to hear oral argument on January 16, 2024.[1]

Background

In the early 2020s, the Texas Department of Transportation installed certain median barriers in the middle of Interstate 10 in Texas.[2] The barriers fit together tightly such that water could not flow through them. As a result, water accumulated on one side of the highway during Hurricane Harvey and Tropical Storm Imelda, flooding the land on that side.[3][4]

Property owners sued Texas, alleging that the flooding of their land without compensation constituted a taking under the Fifth Amendment to the United States Constitution and therefore requires compensation.[5]

Texas argues that the Fifth Amendment is not self-executing and because there is no statutory basis for an action against the state, Devillier and other similarly situated landowners cannot be compensated.[6]

References

  1. 1 2 "Docket for 22-913". www.supremecourt.gov. Retrieved 2023-09-30.
  2. ↑ Begley, Dug (June 8, 2021). "I-10 medians at the center of dispute between flooded landowners and TxDOT set for replacement". Houston Chronicle. Retrieved September 30, 2023.
  3. ↑ Powell, Nick (2021-04-08). "Judge allows Winnie families' lawsuit over Texas highway median to proceed". Houston Chronicle. Retrieved 2023-09-30.
  4. ↑ "Petition for a Writ of Certiorari" (PDF).
  5. ↑ "Devillier Appendix" (PDF).
  6. ↑ "Brief in Opposition to a Petition for a Writ of Certiorari" (PDF).
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