Sep 08

SCOTUS Sides With Landowners in Takings Clause Case

The U.S. Supreme Court’s 2024 decision in DeVillier v. Texas remains an important ruling for private property rights and the constitutional protection against government takings.

The case involved Texas landowners whose property repeatedly flooded after the state modified a nearby highway. The landowners sought compensation under the Fifth Amendment’s Takings Clause, which provides that private property may not be taken for public use without just compensation.

The Supreme Court unanimously ruled that the landowners could pursue compensation under Texas law. While the decision focused largely on legal procedure rather than determining the amount of compensation owed, it removed a significant obstacle to the landowners’ ability to seek payment for the damage to their property.

The National Association of REALTORS® (NAR), along with the Texas REALTORS® and American Property Owners Alliance, had filed an amicus brief supporting the landowners. NAR argued that government actions affecting private property can have broader consequences for property values, development opportunities and the cost of real estate.

The decision remains relevant in 2026 as courts continue to address the constitutional limits of government actions affecting private property. NAR has continued its legal advocacy in support of property owners, including recent Supreme Court activity involving eminent domain, land-use restrictions and access to the courts.

In 2026, NAR joined an amicus brief in Hoffmann v. WBI Energy Transmission, urging protection of property owners facing federally authorized eminent-domain proceedings. NAR has also supported Supreme Court review of cases involving land-use restrictions and when property owners can bring constitutional takings claims.

Together, these developments underscore the continuing importance of the Fifth Amendment’s Takings Clause. For REALTORS®, property owners and developers, these cases can have significant implications for property rights, land use, development opportunities and real estate values.

Source: REALTOR® Magazine
“SCOTUS Sides With Landowners in Takings Clause Case”
National Association of REALTORS®

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