Supreme Court Rules 9-0 for Texas Landowners Flooded by Highway Project

Published on April 17, 2024

The Supreme Court ruled unanimously for Texas property owners flooded by a state highway project in a decision handed down on April 16. The new 9-0 ruling, the latest pro-property rights decision by the court, will allow the landowners to pursue their claims for compensation in state court under the U.S. Constitution’s Takings Clause. In the ruling, the nation’s highest court rebuffed the conservative-leaning U.S. Court of Appeals for the 5th Circuit for holding the lawsuits could not proceed. The case, Devillier v. Texas, came out of a series of inverse-condemnation cases filed in Texas state courts, which claimed a specific highway project caused widespread flooding. Inverse condemnation is when a government takes or damages property for public use without going through an eminent domain proceeding....