Supreme Court Leans Toward Landowners in Texas Flooding Case

Kevin King’s commentary was included in an E&E News Energywire article on the U.S. Supreme Court case, Richard Devillier v. Texas. In the case, Richard Devillier and dozens of other property owners allege that a state-backed highway elevation and expansion project on Interstate 10 caused flooding on their property after Hurricane Harvey and Tropical Storm Imelda. The case centers on the takings clause — where property owners seek compensation from the government for damage from projects meant to serve a public good.

Kevin provides his insight on how the Supreme Court might decide, saying he believes that the justices would opt for more of a middle ground between the landowners and Texas. “Property owners came in asking the court to find that they could sue under the Fifth Amendment almost irrespective of what state law says,” Kevin said. He added that “Devillier and the other challengers say the Constitution’s takings clause entitles them to just compensation from Texas for the flooding on their land. Texas, however, argues that the burden on states to remedy takings claims is very light.”