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Landmark Victory: Texas Attorney General Announces Win on Texas Property Rights Case

Landmark Victory: Texas Attorney General Announces Win on Texas Property Rights Case

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Texas Attorney General Ken Paxton secured a unanimous victory at the U.S. Supreme Court, affirming Texas’ authority in property rights cases.


On April 16, 2024, Texas Attorney General Ken Paxton achieved a significant 9-0 victory at the U.S. Supreme Court, affirming the state’s authority to handle compensation disputes under its own laws relating to purportedly taken property.

The case stemmed from a group of citizens seeking compensation under the Takings Clause of the U.S. Constitution, following flooding in the Houston area in 2017 and 2019. Their contention was that a highway barrier designed as a flood-evacuation route led to flooding of their property. Despite Texas enabling such claims under state law for an extended period, the plaintiffs pursued their claim under the U.S. Constitution. The U.S. Court of Appeals for the Fifth Circuit dismissed their claims, as Congress had not sanctioned such litigation.

Emphasizing the paramountcy of property rights, Texas advocated to the U.S. Supreme Court that landowners should be allowed to seek relief under Texas law. The Court unanimously ruled in favor of Texas, dismissing the plaintiffs’ misinterpretation of established caselaw that would have enabled them to sue directly under federal law.

The U.S. Supreme Court articulated, “Texas state law provides a cause of action by which property owners may seek just compensation against the State. As Texas explained at oral argument, its state-law inverse-condemnation cause of action provides a vehicle for takings claims based on both the Texas Constitution and the Takings Clause.… 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.”

Attorney General Paxton expressed his satisfaction with the unanimous decision, stating, “For as long as Texas has been Texas, it has recognized that property rights are crucial to a free society. Under the U.S. Constitution, such claims should be pursued under state law unless Congress has said otherwise. I’m pleased the Supreme Court agreed with us unanimously that citizens should sue under Texas law.”

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