For generations, the ranch land owned by Richie Devillier's family was a serene paradise with zero issues. Livestock roamed free on the 900-acres out near Winnie, and crops fluorished. But then came the year 2000 and beyond, when the Texas Department of Transportation decided that Interstate 10 needed massive upgrades.
Fast forward 20 some odd years later, and Devillier's land now constantly floods, and is inundated with water, thanks to that project. The middle of the highway has essentially created a dam, which has not only ruined its serenity, but killed that livestock, and ruined crops. For the last 6 years, he has been battling for the state to do what is right and come to a resolution on the issue. Instead, his case now heads to the Supreme Court of the United States.
His attorney, Robert McNamara, says the fairly simple case has become extremely warped.
"This is what we call a 'taking,'...if the government needs to turn his ranch into a lake for their own purposes, they are allowed to do that. But, it has to buy the ranch first," he says. "They essentially need to follow the Pottery Barn rule...if you break it, you buy it."
The flooding first began with Hurricane Harvey in 2017, whcih of course plenty of people were impacted by, but it has since become an every thunderstorm phenomenon.
Now, the Constitution says that a state has to pay in situations like this. But, Texas being Texas, states their case that they simply do not need to do so.
"They are saying they do not have to follow the Constitution unless Congress passes a special law ordering them to follow the Constitution," he says. "But...the Constitution orders you to follow it...and that should be enopugh to protect property owners nationwide."
Of course, we know the state has always beat to its own drum. But never at the expense of it's own blood.
"If they can do this in Texas...imagine what they will get away with somewhere else," says Mcnamara.
So, the question is ultimately surrounds the government having to pay when they take your private property. This has found it's way now to the highest court in the land, where McNamara will argue this case.
This decision will have impacts that reach beyond just Devillier's ranch, or the State of Texas.
"This case will get deep consideration, and result in a decision that has implications for everyone in America," he says.
As for when a decision is expected, McNamara says it should come sometime before June, when the Supreme Court heads out for the summer.
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