A Texas landowner can sue the state for flood damages to his property, US Supreme Court rules

An abandoned car sits in floodwaters in a residential neighborhood in Beaumont in 2017, 11 days days after Hurricane Harvey ravaged the Texas Coast. A property owner sued Texas for damages to his property in nearby Chambers County following changes to Interstate 10.— a weekly dispatch about the people, places and policies defining Texas, produced by Texas Tribune journalists living in communities across the state.

Richie DeVillier, a landowner in Chambers County, sued the state in 2020 after his land repeatedly flooded following changes Texas made to Interstate 10. Texas officials moved the case to federal courts, then sought to dismiss it. Aaron Lloyd Nielson of the Texas Attorney General’s Office said at oralThe Supreme Court determined Texas ought to consider the case under state law, which would permit DeVillier to pursue compensation.

“And, although Texas asserted that proceeding under the state-law cause of action would require an amendment to the complaint, it also assured the Court that it would not oppose any attempt by DeVillier and the other petitioners to seek one,” Justice Clarence Thomas wrote in the opinion. DeVillier’s lawsuit was representative of 120 other property owners who also faced significant damage during Hurricane Harvey as a result of the barrier.Man shot and killed at North Fwy intersection stop sign

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