601 U.S. 285
SCOTUS2024Background
- Property owners, led by Richard DeVillier, own land north of I-10 between Houston and Beaumont, Texas.
- Texas installed a 3-foot barrier along I-10 to use the highway as a flood evacuation route, which unintentionally caused flooding on petitioners’ properties during major storms.
- Plaintiffs allege this barrier effectively used their property to store stormwater, causing significant damage and amounting to a government taking.
- DeVillier and others filed suit in Texas state court, seeking just compensation under both the Texas and U.S. Constitutions.
- Texas removed the cases to federal court; the cases were consolidated with inverse condemnation claims under state and federal law.
- The Fifth Circuit held that the Takings Clause does not provide a right of action against a state; Supreme Court granted certiorari.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a property owner can sue a state directly under the Takings Clause for just compensation when the legislature has not provided a cause of action | The Takings Clause is self-executing and creates its own cause of action for just compensation | Only statutory provisions (like §1983) can provide such a vehicle, and §1983 does not permit claims against a state | No need to decide if the Takings Clause provides a direct cause of action because Texas law already offers one; plaintiffs may proceed under Texas state law |
Key Cases Cited
- United States v. Detroit Timber & Lumber Co., 200 U.S. 321 (discussing role of case syllabus)
- Knick v. Township of Scott, 588 U.S. 180 (Takings Clause is self-executing with respect to compensation)
- First English Evangelical Lutheran Church of Glendale v. County of Los Angeles, 482 U.S. 304 (discusses self-executing nature of Takings Clause and remedies for takings)
- Howlett v. Rose, 496 U.S. 356 (states' duty to enforce the Constitution)
- Alden v. Maine, 527 U.S. 706 (states and officers are bound by constitutional obligations)
