In November 2023, Texas REALTORS® joined the National Association of REALTORS® and American Property Owners Alliance in filing an amicus brief with the U.S. Supreme Court in support of landowners in DeVillier v. Texas. The U.S. Supreme Court decided this week that Texas landowners could proceed with their takings claim in a case against the State of Texas under the Texas state constitution.

In this case, the landowners alleged widespread flooding and property damage was caused by the state’s raising sections and building retaining walls separating the east- and west-bound lanes along portions of Interstate 10 east of Houston. The landowners filed suit alleging state and federal takings claims and seeking compensation. The court’s opinion is a technical ruling based on procedure, but one that allows the landowners to proceed with the case.

Read the opinion.