WINNIE, Texas — A rancher in Winnie finally sat in the U.S. Supreme Court and argued his case regarding the Texas Department of Transportation flooding his land.
Richie Devillier 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 are confident the Supreme Court will rule in their favor.
"Texas just gave it up. I mean, they lost today," said Devillier.
This is 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.
They are arguing that under the Fifth Amendment Texas owes Devillier compensation for the flooding.
While Texas Solicitor General Aaron Nielson doesn't believe the state is required to pay Devillier for his loss.
This a transcript of a conversation between Nielson and Justice Elena Kagan at the Supreme Court on January 16:
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.
Devillier says he lost about 60 heads of cattle, and more after his property flooded during tropical storm Imelda and Harvey.
Now, it's a waiting game for a final decision that could impact him and countless others.
"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.
"We lost, I think it was about 60 head of cattle, seven horses, and one colt and numerous calves," Devillier previously said in October 2023.
All Devillier and McNamara can do now is wait for the final decision.
"Texas conceded that the Devillier family should be allowed to litigate their Fifth Amendment claim," McNamara told 12News. "Whatever the Supreme Court does with this claim, Texas concedes that we should be allowed to move forward in the trial court with our Fifth Amendment claim."
A decision for Devillier v. Texas should come down by early June, according to McNamara.