Cases & Deals

Real estate industry associations file amici curiae brief supporting Fifth Amendment takings claims

Client(s) National Association of REALTORS®, American Property Owners Alliance, Texas REALTORS®

Jones Day filed an amici curiae brief in the Supreme Court on behalf of the real estate industry in a challenge to a lower court’s ruling that property owners cannot sue the State of Texas directly under the Takings Clause. The real estate industry supports the property owners’ argument that the Constitution itself provides a right to sue for just compensation for government takings. The brief provides historical background on just compensation suits under the Takings Clause and state equivalents. In particular, the brief distinguishes this history from the history of “implied rights of action” under other constitutional provisions.

Devillier v. Texas, No. 22-913 (U.S.)