WINNIE, Texas — A Winne rancher may seek compensation from the state for damages to his property west of Beaumont, the U.S. Supreme Court ruled unanimously Tuesday.
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 oral arguments on Jan. 16 that the state would accept the case if it were updated to reflect state law.
The 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.
The Winnie rancher believes TxDOT is responsible for flooding his land after crews built a median along I-10, resulting in the flooding after two major storms.
On January 16, 2024 DeVillier and his attorney, Robert McNamara, stood before the Supreme Court to argue that the State of Texas owes him compensation for the damage.
They stood before the justices, and deliberated for over an hour. After leaving the chambers, DeVillier and McNamara were confident the Supreme Court will rule in their favor.
"Texas just gave it up. I mean, they lost today," DeVillier previously said.
This has been a nearly seven-year battle.
"The Texas Department of Transportation built a dam along Route 10 that was designed to keep the south side of the road dry in heavy rain. That means when it rains heavily, Richie DeVillier's ranch is now a lake instead of a ranch," McNamara previously said in October 2023.
DeVillier and McNamara argued that under the Fifth Amendment Texas owes DeVillier compensation for the flooding.
"Texas is not immune from the takings clause in the Fifth Amendment," DeVillier said.
In January 2024, Nielson insisted Texas could not be sued under the Fifth Amendment because federal civil-rights statutes only authorize suits against individuals or local governments, but the Supreme Court disagreed.
This a transcript of a conversation between Nielson and Justice Elena Kagan at the Supreme Court on January 16, 2024:
Justice Kagan: General, do you agree with Mr. McNamara that if a state takes a person's property and doesn't give compensation, that state is violating the Constitution every day? It's an ongoing violation. Do you agree with that?
Nielson: That's not how the court has -- I -- I -- I believe -- I certainly agree that's a violation of the Constitution. I don't think this court's cases have ever.
Justice Kagan: But that's what I want to know. It's an ongoing violation of the Constitution, right? I've taken Mr. McNamara's property. I haven't paid him. Every day I'm violating the Constitution, correct?
Nielson: Yes, your honor.
Justice Kagan: Okay. So aren't courts supposed to do something about that?
Nielson: Yes, your honor.
"This is a great day for property rights. Texas has pulled out all the stops to do everything it can to get Richie's Fifth Amendment claims thrown out of court and today we learned that Richie's Fifth Amendment claims are going to trial," McNamara said. "Today it is clear that it can be forced to obey the constitution and that's a ruling that's going to protect people all across Texas."
McNamara says this is was the hurdle to clear before they can move forward with assessing the damages and determining what DeVillier is owed.
"Now that the Supreme Court has issued its final decision it's just a matter of figuring out how quickly we can move things forward," said McNamara.
DeVillier tells 12News he's confident the State of Texas will return what is rightfully his.
"With what Texas conceded to and gave up in front of the Supreme Court I'm supremely confident we're going to win," he said.
DeVillier says he lost about 60 heads of cattle and more after his property flooded during tropical storms Imelda and Harvey.
"If this can happen to Richie, this can happen to anyone. This is fundamentally about whether the Constitution matters. We say it does, Texas says it doesn't," McNamara said.
12News reached out to TxDOT for a response to the ruling.
Their spokesperson said "They are unable to comment on pending litigation."