DeVillier v. Texas

In DeVillier v. Texas, landowners led by Richard DeVillier sued the state after a concrete barrier on Interstate 10, installed by the Texas Department of Transportation, acted as a dam during Hurricane Harvey and caused catastrophic flooding on their farms. They claimed a physical taking without just compensation under the Fifth Amendment. The Fifth Circuit dismissed the suit, holding that the Takings Clause does not provide a direct cause of action against states. On April 16, 2024, the U.S. Supreme Court unanimously reversed, ruling that the Constitution itself authorizes property owners to sue directly when the government takes property for public use without compensation. The case was remanded for further proceedings.

The U.S. Supreme Court unanimously held that the Takings Clause is self-executing, allowing property owners to bring a constitutional claim directly against a state when their property has been taken for public use without just compensation. The judgment of the Fifth Circuit was reversed and the case remanded.

Whether the Takings Clause of the Fifth Amendment is self-executing and provides a direct cause of action for property owners to sue a state for just compensation, absent an express statutory authorization.

The decision significantly reinforced constitutional property rights by confirming that individuals can directly invoke the Fifth Amendment against state governments. It resolved a circuit split and is expected to empower landowners nationwide to seek federal judicial relief for inverse condemnation, ensuring that government projects resulting in unintended property damage cannot evade the just compensation obligation.