Supreme Court Allows Texas Ranchers to Sue State Over Flooded Lands

The U.S. Supreme Court has unanimously ruled that Texas ranchers and property owners can sue the state for compensation after their lands were flooded due to a highway construction project. The case, Devillier v. Texas, centered around changes made to Interstate 10 by the Texas Department of Transportation that allegedly caused extensive damage to nearby properties during hurricanes and tropical storms.

Richie Devillier, a fourth-generation cattle rancher in Winnie, Texas, sued the state in 2020 after his 900-acre ranch repeatedly flooded following the highway renovation. Devillier argued that the installation of a concrete barrier in the median created a dam effect, intentionally flooding thousands of acres and resulting in the destruction of his home, crops, and livestock. The lawsuit also involves 120 other property owners who claim they faced major damage during Hurricanes Harvey and Imelda due to the highway's design.

Texas officials initially tried to dismiss the case, arguing that the state could not be sued under the Fifth Amendment's Takings Clause. However, the Supreme Court rejected this argument , finding that Texas law provides a cause of action for property owners to seek just compensation for takings. The Court vacated a previous decision by the 5th U.S. Circuit Court of Appeals and remanded the case, allowing the landowners to proceed with their claims in federal district court.

Why this matters: The Supreme Court's decision sets a precedent for holding states accountable when their actions result in the taking of private property without just compensation. It also highlights the importance of considering the potential impacts of infrastructure projects on surrounding communities and the need for proper mitigation measures to prevent unintended consequences.

Devillier, who is represented by the Institute for Justice, a non-profit public interest law firm, expressed confidence in the outcome of the case. "We're grateful that the Court has recognized that the Fifth Amendment protects everyone, including us," he said in a statement. "We look forward to making our case in the district court and getting the compensation we're owed for the damage the state has done to our land."

Key Takeaways

• Supreme Court unanimously ruled Texas landowners can sue state for flooded lands
• Lawsuit claims highway project caused flooding, destroying property during hurricanes
• Texas initially argued state couldn't be sued, but Supreme Court rejected this
• Ruling sets precedent for holding states accountable for property takings
• Landowners seek compensation for damage to homes, crops, and livestock