Legal battle between farmer in Winnie, Texas and TXDOT could go to the Supreme Court
Winnie, Texas - Many people believe this is a 5th Amendment issue.
So far federal appeals courts have sided with the state of Texas, not Ritchie Devillier, who owns about 600 acres in Winnie. The property has been in Devillier's family since the 1930's.
"I actually have the deed on this parcel of land where our house is which my grandfather bought in 1938," Devillier said.
It's a working ranch that raises cattle. You can see Interstate 10 in the distance.
"The interstate was originally a 2-way road each way 2 lanes eastbound 2 lanes westbound with a ditch in the middle," said Devillier.
Back in the late 90s, and early 2000s, TXDOT made it 3 lanes in each direction with a median in the middle.
When Harvey hit in 2017, Devillier's property became a bowl for the water running off the freeway,
"That put 23 inches of water inside my house," he said.
In 2019 Tropical Storm Imelda hit, and the property flooded again.
"The first time it happened in Harvey everyone said that's a once in a lifetime event," Devillier said. "2 years later it happened again you don't get to say never anymore."
He sued TXDOT after the state refused to compensate him for all the damage.
"We're not looking to get rich we just want what's owed to us, we want them to replace what they took from us," said Devillier
But a Federal Appeals court sided with TXDOT.
"His case matters for property rights all over the country," said Robert Macnamara Deputy Director of litigation for Institute For Justice. "What Texas is saying is we can take or destroy anybody's property at any time it wants without having to answer to them under the U.S. Constitution. That's wrong both morally and legally,"
"It's not just Winnie Texas it's not just my family this affects everyone in the country," Devillier said. "If they can do it to me they can do it to any of us."
The Supreme Court is expected to meet and discuss cases this coming Tuesday.
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We should know if they plan to hear the case next month.