Show Notes - Devillier v Texas Points To Major Victory For Property Rights
Show Notes - Devillier v Texas Points To Major Victory For Property Rights
Description
Episode #67
Today on Legalese, we are returning to Devillier v Texas— A case that we have been following since the Supreme Court granted Devillier’s petition for cert last September. It is one of the cases that I included in my Supreme Court Roundup for the Supreme Court’s October Term 2023 (OT2023).
On January 16th the Supreme Court heard oral arguments in Devillier v. Texas, which is shaping up to be a landmark in Takings Clause jurisprudence.
Devillier v Texas constitutes a very common type of takings case, known as inverse condemnation cases. This refers to cases where, rather than the government seizing property under eminent domain and providing just compensation as a matter of course, the property has been taken de facto.
In this case Texas did not come to Devillier to buy the property for some public use. Rather, the state of Texas flooded Mr. Devillier’s ranch as a result of a highway project— This flooding made the land worthless. Devillier is seeking compensation from Texas for the loss of his real estate.
There are a lot of interesting and important topics to discuss in this case, in light of the recent round of oral arguments. Most importantly is that Devillier is shaping up to be a major and unequivocal victory for property rights!
Links
Devillier v Texas
Related Cases
Williamson Cty. Planning v. Hamilton Bank, 473 U.S. 172 (1985)
Knick v. Township of Scott: Ending a Catch-22 that Barred Takings Cases from Federal Court
Related Statutes
Past Episodes
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