A Texas landowner can sue the state for flood damage to his property, U.S. Supreme Court rules

Source: Texas Tribune

A Texas landowner can sue the state for flood damage to his property, U.S. Supreme Court rules

Richie DeVillier, who owns land east of Houston, said the state owes him damages for constant flooding after Texas made changes to Interstate 10 near his property.

BY JESS HUFF
APRIL 16, 2024
19 HOURS AGO

LUFKIN — A Texas landowner may seek compensation from the state for damages to his property east of Houston, the U.S. Supreme Court ruled unanimously Tuesday.

Richie DeVillier, a landowner in Chambers County, sued the state in 2020 after his land repeatedly flooded following changes Texas made to Interstate 10. The original lawsuit argued DeVillier had a right to damages under state law and the U.S. Constitution's Fifth Amendment, which prohibits governments from taking private property for public use without compensation.

Texas officials moved the case to federal courts, then sought to dismiss it, suggested it was not a Fifth Amendment issue. Lower courts disagreed prompting the U.S. Supreme Court to take up the case.

Aaron Lloyd Nielson of the Texas Attorney General’s Office said at oral arguments on Jan. 16 that the state would accept the case if it were updated to reflect only state law.

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Read more: https://www.texastribune.org/2024/04/16/texas-landowner-highway-flooding-supreme-court/

Alternate link: https://news.yahoo.com/texas-landowner-sue-state-flood-153849758.html

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Opinion: 22-193 DeVillier v. Texas