High Court Sides With Texas Landowners In Takings Dispute

High Court Sides With Texas Landowners In Takings Dispute

April 16, 2024, Law360

Kevin King’s commentary was included in a Law360 article examining the Supreme Court’s ruling in Devillier v. Texas. Kevin provides insight on how the court’s ruling leaves open questions around the Fifth Amendment’s takings clause.

“DeVillier is an exceptionally narrow decision. It concludes that Texas law provides a cause of action to enforce the federal takings clause and remands for the lower courts to consider that claim. That disposition avoids the need to decide the question on which the Supreme Court granted review: Whether the takings clause itself provides a ‘self-executing’ cause of action. That question remains open to be decided in a future case,” Kevin said.