Both sides claim victory after Supreme Court rules Texas rancher can sue state over flooded lands

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The Supreme Court ruled that ranchers and other property owners can move forward with a Fifth Amendment lawsuit claiming Texas highway construction flooded their lands.

The Supreme Court unanimously ruled Tuesday that ranchers can sue the state of Texas over highway construction they allege flooded their lands. 'This is the pinnacle of a long, hard-fought battle, and we can’t stress enough what a blessing this is,' rancher Richie DeVillier said in a statement after the ruling.

The DeVilliers and their neighbors sued, arguing that Texas can turn their farms into a lake if it needs to, but not without paying the property owners. They pointed to the Fifth Amendment of the Constitution, which protects Americans against the taking of property by the government without compensation.

The Supreme Court unanimously vacated the 5th Circuit decision and ruled that the DeVilliers and other property owners should be allowed to 'pursue their claims under the Takings Clause through the cause of action available under Texas law.' 'Texas’s rapid about-face at the Supreme Court means that Richie and his family will still have their day in court,' IJ President and Chief Council Scott Bullock said in a prepared statement.

 

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