DeVillier v. Texas
View Official PDFBelow are plain-language sections to help you understand what the Court decided in DeVillier v. Texas and why it matters. Quotes are taken from the syllabus (the Court’s short summary at the start of the opinion).
Summary
A short, plain-English overview of DeVillier v. Texas.
Richard DeVillier and other property owners filed a lawsuit against Texas, claiming that the state's use of a highway median barrier to manage stormwater resulted in a taking of their property. The Fifth Circuit held that the Takings Clause does not provide a direct cause of action against a state. The Supreme Court vacated and remanded, allowing the property owners to pursue claims under Texas law.
Holding
The single most important “bottom line” of what the Court decided in DeVillier v. Texas.
The Court held that DeVillier and the other property owners should pursue their claims under the Takings Clause through the cause of action available under Texas law.
Constitutional Concepts
These are the Constitution-related themes that appear in DeVillier v. Texas. Click a concept to see other cases that involve the same idea.
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Why Takings Clause is relevant to DeVillier v. Texas
The case directly involves the Takings Clause as it concerns whether property owners can pursue claims for just compensation under this clause.
Syllabus excerpt (verbatim)The operative complaint includes inverse-condemnation claims under both the Texas Constitution and the Takings Clause of the Fifth Amendment.
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Why State Sovereign Immunity is relevant to DeVillier v. Texas
The case involves the ability to sue a state for takings claims, which implicates state sovereign immunity considerations.
Syllabus excerpt (verbatim)The Fifth Circuit reversed, holding 'that the Fifth Amendment Takings Clause as applied to the states through the Fourteenth Amendment does not provide a right of action for takings claims against a state.'
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Why Procedural Due Process is relevant to DeVillier v. Texas
The case discusses the procedural mechanism for property owners to seek compensation, which relates to procedural due process rights.
Syllabus excerpt (verbatim)The question here concerns the procedural vehicle by which a property owner may seek to vindicate that right.
Key Quotes
Short excerpts from the syllabus in DeVillier v. Texas that support the summary and concepts above.
The Takings Clause of the Fifth Amendment states: 'nor shall private property be taken for public use, without just compensation.'
Texas state law does provide an inverse-condemnation cause of action by which property owners may seek just compensation against the State.
The Court therefore remands so that DeVillier and the other property owners may proceed through the cause of action available under Texas law.