Columbus, OH – On Monday, The Buckeye Institute joined an amicus brief filed in DeVillier v. Texas, calling on the U.S. Supreme Court to reaffirm the constitutional right to seek just compensation in federal court when the government takes private property. 

“History teaches—and the U.S. Supreme Court has agreed—that the Fifth Amendment’s just compensation clause is self-executing. That means that Congress does not need to pass a law requiring states to follow the Fifth Amendment,” said Jay R. Carson, senior litigator with The Buckeye Institute. “The appellate court’s reasoning that additional legislation is needed to pursue a remedy in federal court would be funny if it weren’t so serious, and if allowed to stand, it will leave citizens with no protection from state governments taking their property.”

The Buckeye Institute joined a brief filed by Professor James W. Ely, Jr., the Milton R. Underwood professor of law emeritus at Vanderbilt University Law School and Julia D. Mahoney, the John S. Battle professor of law and the Joseph C. Carter, Jr. research professor of law at the University of Virginia School of Law. 

The Institute for Justice is representing the DeVillier family in DeVillier v. Texas.

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UPDATE: On April 16, 2024, the U.S. Supreme Court ruled that “DeVillier and the other property owners should be permitted to pursue their claims under the Takings Clause through the cause of action available under Texas law.”