Nancie Marzulla appeared on Gray TV to discuss the U.S. Supreme Court’s Devillier v. Texas case which involves an uncompensated physical taking of private property by the State of Texas. Oral arguments for the case occurred this week, with a decision expected this spring.
In her interview, Marzulla stated that the ruling could have major consequences:
“If the state gets away with it, they’ve really created a blueprint for states everywhere to say you file if you sue me in federal court directly, well, I’m going to claim I am immune from being sued.”
The Texas Department of Transportation had installed an impenetrable, centerline concrete barrier to block floodwaters from the north reaching the south side of the highway. When Hurricane Harvey hit the state in 2017, the highway became a dam, submerging DeVillier’s property, causing a massive loss of property.
Marzulla explained that the family should be compensated under the fifth amendment’s takings clause: “If the government floods your property, they have to pay for it.” “They have to pay for the taking that they have caused.”
Click the image below to view the interview.
Gray Television Interview – “The state is playing a dirty trick”: Texas man’s case goes to the Supreme Court