The Fourteenth Amendment to the federal Constitution implicitly incorporates the first eight amendments to the United States Constitution (i.e., the federal “Bill of Rights”) and requires their application to state governments throughout the United States. The Fifth Amendment prohibits the “tak[ing]” of “private property without just compensation.” Many state constitutions, including that of Texas, contain a similar right against governmental “tak[ings].” In DeVillier v. Texas, decided on April 16, 2024, the Court held that the State of Texas’ own inverse condemnation statute authorized private lawsuits for “just compensation” in Texas state courts under both its state constitution, and the federal Constitution, thereby avoiding any need to decide whether the Fifth and Fourteenth Amendments themselves authorized “just compensation” lawsuits in state courts.
COMMENT: The Court has frequently invoked a self-made rule of Constitutional interpretation that encourages the avoidance of Constitutional issues when other laws offer complaining parties the same relief they seek for the same injury under the Constitution. This case is a well-executed example of that wise, procedural policy. The Court’s decision, and Opinion, written by Justice Clarence Thomas, were unanimous.
Dan Rhea
RECENT RULINGS 