Devillier v. State of Texas, No. 21-40750 (5th Cir. 2022)Annotate this Case
The State of Texas appeals the district court’s decision that Plaintiffs’ federal Taking Clause claims against the State may proceed in federal court. Because we hold that the Fifth Amendment Takings Clause as applied to the states through the Fourteenth Amendment does not provide a right of action for takings claims against a state.
The Fifth Circuit vacated the district court’s decision for want of jurisdiction and remanded with instructions to return this case to the state courts. The court explained that the Supreme Court of Texas recognizes takings claims under the federal and state constitutions, with differing remedies and constraints turning on the character and nature of the taking; nothing in this description of Texas law is intended to replace its role as the sole determinant of Texas state law.
The court issued a subsequent related opinion or order on January 10, 2023.