The question
Whether property owners may pursue a claim for just compensation under the Takings Clause of the Fifth Amendment when state law already provides an inverse-condemnation cause of action to vindicate that right.
DeVillier v. Texas
What the Court decided
The Court vacated the Fifth Circuit and remanded. DeVillier and the other property owners may pursue their Takings Clause claims through the inverse-condemnation cause of action that Texas law already provides. Because state law supplies a vehicle to seek just compensation against the State under both the Texas Constitution and the Takings Clause, this case does not present the situation of a property owner left with no cause of action, and the Court declined to decide whether the Takings Clause itself creates one.
How the justices split
UnanimousThe Court's opinion
Thomas, joined by Roberts, Alito, Sotomayor, Kagan, Gorsuch, Kavanaugh, Barrett, Jackson
The Court held that the property owners may proceed on their Takings Clause claims through the inverse-condemnation cause of action Texas law already provides. Constitutional rights do not typically carry a built-in cause of action and are asserted through an independent one designed for that purpose. Because Texas law lets property owners seek just compensation against the State under both the Texas Constitution and the Takings Clause, this case does not present a plaintiff with no cause of action, and the Court declined to decide whether the Takings Clause creates one by its own force. It vacated and remanded so the owners could proceed under state law.
How we know · 5 sourced claims
The decision was unanimous, with Justice Thomas delivering the opinion for the Court.
Source: syllabus, lineup
The Court held that DeVillier and the other property owners may pursue their Takings Clause claims through the cause of action available under Texas law.
Source: syllabus, Held
The Court declined to decide whether the Takings Clause itself creates a cause of action, finding it imprudent because Texas law already provides an inverse-condemnation vehicle.
Source: syllabus, Held
The Fifth Circuit judgment (53 F. 4th 904) was vacated and remanded.
Source: syllabus, Held
The dispute arose after Texas installed a median barrier along Interstate 10 that flooded the petitioners' land, which they alleged effected a taking requiring just compensation.
Source: syllabus, Held