Courthouse Steps Oral Argument: Devillier v. Texas

On January 16, 2023, the U.S. Supreme Court will hear oral argument in Devillier v. Texas. This takings case will determine whether a person whose property is taken without compensation may seek redress under the self-executing takings clause of the Fifth Amendment even if the legislature has not affirmatively provided them with a cause of action.

The petitioners in this case sued the state after the Texas Department of Transportation elevated an interstate and constructed a barrier to obstruct natural water flow, subsequently flooding and damaging the petitioners’ properties.

Ilya Somin, Professor of Law at Antonin Scalia Law School at George Mason University, joined us to discuss the case and its developments following oral argument.

For more analysis from Professor Somin, you can read his blog post on the arguments here and find his amicus brief on behalf of the CATO Institute here.

Featuring:

Prof. Ilya Somin, Professor of Law, Antonin Scalia Law School, George Mason University
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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.