Supreme Transparency
  • Term
  • 2023-2024

Devillier v. Texas

In Devillier v. Texas, the Supreme Court will decide whether the Fifth Amendment’s bar on taking private property for public use without just compensation is “self-executing,” meaning whether a person can sue even if Congress has not legislated a cause of action for such a suit.   In this case, Texas created a median barrier on a highway in response to flooding to protect an emergency evacuation route near Houston. Landowners sued when their adjoining land flooded during a tropical storm and hurricane, claiming this constituted a state “taking” of their land, for which they are entitled to compensation. The case could have major implications for what constitutes a regulatory taking.

Powerbroker-Affiliated Organizations

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Cato InstituteRead the amicus brief

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Manhattan InstituteRead the amicus brief

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Buckeye InstituteRead the amicus brief

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U.S. Chamber of CommerceRead the amicus brief