Supreme Court rules in favor of property owners suing Texas over flood damage

TEXAS, USA — The Supreme Court unanimously ruled Tuesday a Texas rancher has the right to sue Texas for flood damage to his property. It’s a decision that impacts every property owner in Texas.

It means Texas can’t just take your property or do something that leads to flooding damage without compensating you for it. 

“For anyone who has property in Texas, they can sleep soundly tonight,” said Robert McNamara, a senior attorney with the Institute for Justice. 

McNamara and the Institute for Justice are celebrating a major win at the nation’s highest court. The four-year legal battle began in 2020 when rancher Richie Devillier first sued Texas after his land faced repeated flooding during Harvey and Imelda after the state made changes to I-10. 

Texas fought for years to have the case dismissed. 

“At every step of the way Texas has tried to tell him he has no right at all,” said McNamara. 

Ultimately, the Supreme Court sided with property owners. 

“This opinion ratifies the Pottery Barn principle if you break it, you buy it,” said McNamara. 

McNamara says the ruling has major implications across Texas. 

“A ruling like this is particularly important in a state like Texas that sees a lot of flooding,” said McNamara. “Politicians aren’t allowed to direct floodwaters to land of politically powerless people to make sure politically powerful people can stay dry. If Texas is going to direct floodwaters onto your land they will have to pay you for it.”

Now, Devillier’s case can go to trial to determine just how much money Texas owes him. It’s the first of many suits that can now legally move forward against the state. 

“This is a victory for anyone who owns property in Texas and anyone who wants to use the courts to hold state officials accountable for what they do,” said McNamara. 

Texas Attorney General Ken Paxton’s Office also issued a press release about this ruling. They are calling it a win for them as well. 

The plaintiff’s attorneys were surprised by that release. 

“The Texas AG sent a release saying he won this case, but what Texas wanted was to not be sued under the 5th Amendment,” said McNamara. “What the Court said is that Texas can be sued under the Fifth Amendment. That means we won because we got what we wanted and Texas lost because they’re the ones getting sued.”

Bottom line, the Court ruled in favor of Texas ranchers, not the state of Texas.