January 23, 2023
By ZaNaria Bowens
(Houston) In Houston, Texas, a dispute over compensation for landowners has reached the U.S. Supreme Court in Austin, Texas. Following a recent highway project that caused flooding on private property. Why should this matter to you, especially if you're part of Generation Z and interested in land ownership?
Let me explain. An increasing number of Gen Zers are exploring wealth-building through land ownership. Before you spend a dime on purchasing land, it's crucial to understand your rights to protect your property.
The 5th Amendment of the U.S. Constitution
East Houston, Texas farm landscape with lush green rice fields, new highway construction.
safeguards private property owners from government overreach. Essentially, the government can acquire private property for public use, but it must provide fair compensation. The Amendment states, “Nor shall private property be taken for public use, without just compensation” (congress.gov).
Take the case of East Texas farmer Richie DeVillier, whose rice farm, passed down through generations, experienced flooding after nearby highway construction. The farm, which had never flooded before, suffered crop and livestock losses during Hurricane Harvey and Tropical Storm Imelda, transforming into a lake after extreme and heavy rains.
The U.S. Supreme Court building in Washington, D.C., (Photo by Jason Garza).
In 2020, DeVillier decided to sue Texas because of this. By January 16, 2023, his case got to the big court, the U.S. Supreme Court. This case is a big deal because it's about knowing and using your rights as a landowner. DeVillier is currently waiting on a response from the U.S. Supreme Court to decide where the justice lies, and if the state is responsible for federal relief.
Texas, on the other hand, says they shouldn't have to pay because the work done for the highway doesn't intend to use his property for public use. This case holds weight, especially if you're young and dreaming of owning your land someday. Stay on the lookout for DeViller vs. Texas to know what this means for private property owners if the original meaning of the 5th Amendment will broaden or change, and if Texas will offer a solution or not.
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