601 U.S. __ (2024) No. 22-913

The State of Texas installed a barrier along the I-10 median to act as a dam and allow for the road to act as a flood-evacuation route. The barrier in turn flooded the petitioner’s land to the north of the median, damaging businesses, livestock and property. The petitioner filed suit in Texas state court alleging a taking of his property and seeking just compensation from the State. Texas removed the cases to federal court where the petitioner sought relief under the Texas Constitution and the Takings Clause of the Fifth Amendment. Texas moved to dismiss the federal claim, arguing that the petitioner had no cause of action arising directly under the Takings Clause. The district court disagreed with the State of Texas, while the Fifth Circuit reversed that holding. The Supreme Court held that Texas state law does provide a cause of action for the petitioner to seek just compensation against a state based on both the Texas Constitution and the Takings Clause. The Court noted that “States and their officers are [also] bound by obligations imposed by the Constitution.” The matter was remanded back to state court for the petitioners to pursue their takings clause claims through the action available under state law.

Takeaways:

The Court clarified that they would not be addressing the circumstance where a property owner has no cause of action to seek just compensation.

The Court also admitted that its precedents do not completely answer the question whether a petitioner has a cause of action arising directly from the Takings Clause.