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601 U.S. 285
SCOTUS
2024
Read the full case

Background

  • 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)
Read the full case

Case Details

Case Name: DeVillier v. Texas
Court Name: Supreme Court of the United States
Date Published: Apr 16, 2024
Citations: 601 U.S. 285; 144 S.Ct. 938; 22-913
Docket Number: 22-913
Court Abbreviation: SCOTUS
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    DeVillier v. Texas, 601 U.S. 285