The High Court Report16 Jan 2024

Oral Argument: Devillier v. Texas | Case No. 22-913 | Date Argued: 1/16/24 | Date Decided: 4/16/24

Link to Docket: Here.

Background:

In First English Evangelical Lutheran Church v. County of Los Angeles, this Court recognized that the Fifth Amendment's Takings Clause was "self-executing" and that "[s]tatutory recognition was not necessary" for claims for just compensation because they "are grounded in the Constitution itself[.]" 482 U.S. 304, 315 (1987). Since First English, several state courts of last resort have held that the self-executing nature of the Takings Clause requires them to entertain claims directly under the Clause without the need for statutory authorization. Two federal Circuits, the Fifth and the Ninth, disagree and have held that claims for just compensation are only available if they are legislatively authorized.

Question Presented: May a person whose property is taken without compensation seek redress under the self-executing Takings Clause even if the legislature has not affirmatively provided them with a cause of action?

Holding: Owners of property north of U.S. Interstate Highway 10 adversely affected by the flood evacuation barrier constructed by Texas should be permitted on remand to pursue their takings clause claims through the cause of action available under Texas law.

Result: Vacated and remanded.

Voting Breakdown: 9-0. Justice Thomas delivered the opinion for a unanimous Court.

Link to Opinion: Here.

Oral Advocates:

For Petitioner: Robert J. McNamara, Arlington, Va.
For Respondent: Aaron L. Nielson, Solicitor General, Austin, Tex.; and Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D.C. (for United States, as Amicus Curiae.)

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