DeVillier v. Texas

Background

Richard DeVillier and more than 120 other property owners north of Interstate 10 between Houston and Beaumont say the State of Texas installed a roughly 3-foot barrier in the highway median to keep the south side open during storms. The barrier held back stormwater during hurricanes and storms but flooded land to the north, damaging homes, businesses, crops, livestock, and personal property. The owners sued, bringing inverse-condemnation claims under both the Texas Constitution and the federal Takings Clause; Texas removed the cases to federal court and sought dismissal of any federal Takings Clause claim.

Reasoning

The Court addressed whether a property owner can bring a suit directly under the Takings Clause when the State already provides a state-law way to get compensation. The Justices explained that constitutional rights do not always create their own private lawsuit and that earlier cases cited by the owners did not directly decide whether the Takings Clause alone creates a cause of action. Because Texas provides an inverse-condemnation cause of action and the State said it would not oppose amendments to the complaint, the Court found it unnecessary to resolve whether the Takings Clause itself creates a federal cause of action. The Supreme Court vacated the Fifth Circuit’s judgment and remanded so the owners may pursue relief under Texas law.

Real world impact

Property owners harmed by the median barrier may now pursue compensation through Texas law and state-court procedures. This decision is procedural and does not resolve whether a taking actually occurred; the ultimate outcome may change on remand.