Takings Fight Between Texas, Landowners Now in SCOTUS’ Hands
The U.S. Supreme Court heard oral arguments this week in a case where a group of about 75 Texas landowners are fighting to revive their lawsuit against the state seeking compensation for the repeated flooding of their property that they say is the result of a public highway project. The case came to the high court after a Fifth Circuit panel sided with the state and the court declined to rehear the case en banc over the dissent of five judges. The question the justices are tasked with answering in this case is: “May a person whose property is taken without compensation seek redress under the self-executing Takings Clause even if the legislature has not affirmatively provided them with a cause of action?”