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Both sides claim victory after Supreme Court rules Texas rancher can sue state over flooded lands

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The Supreme Court unanimously ruled Tuesday that ranchers can sue the state of Texas over highway construction they allege flooded their lands.

“This is the pinnacle of a long, hard-fought battle, and we can’t stress enough what a blessing this is,” rancher Richie DeVillier said in a statement after the ruling.

But in an unusual twist, Texas Attorney General Ken Paxton is also claiming victory, stating the court’s decision protects “the ability of Texas to handle compensation disputes under State law for any allegedly taken property.”

The Supreme Court unanimously ruled that Richie DeVillier and other property owners can sue the state of Texas under the Fifth Amendment. (Courtesy Institute for Justice)

SUPREME COURT HEARS CASE OF TEXAS GRANDMOTHER THROWN IN JAIL AFTER CRITICIZING CITY GOVERNMENT

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DeVillier’s family has lived in Winnie, Texas, since the early 1900s when his great-grandfather homesteaded the land. In all that time, their 900 acres had never flooded because water naturally flowed south to the Gulf of Mexico, DeVillier said.

Then the Texas Department of Transportation renovated Interstate 10 along the ranch, widening the highway, raising it a foot and a half and adding an impermeable, nearly three-foot-high concrete barrier along the middle of it, according to DeVillier and his lawyers from the Institute for Justice.

The ranch turned into a lake when Hurricane Harvey hit. In addition to extensive damage to their home and belongings, the DeVilliers lost about 60 of their 300 cows and calves, plus seven horses.

“That was one of the most horrible things that I’ve had to go through,” DeVillier previously told Fox News. “It’s hard enough seeing a cow drowned. But horses are a different thing. Horses are parts of our souls.”

Two years later, Tropical Storm Imelda hit and their ranch flooded again.

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Photos of cows, haybales, equipment submerged in flood

Left, Richie DeVillier’s son leans over the side of a boat to hold a calf’s head above water. Center, hay bales and ranch equipment stick out of the floodwaters following Hurricane Harvey in 2017. Right, water covers one side of Interstate 10. (Courtesy Institute for Justice)

CANCER SURVIVOR DEALT NEW BLOW AFTER TEXAS POLICE DESTROYED HER HOUSE, BUT LAWYERS SAY CITY STILL HAS TO PAY

The DeVilliers and their neighbors sued, arguing that Texas can turn their farms into a lake if it needs to, but not without paying the property owners. They pointed to the Fifth Amendment of the Constitution, which protects Americans against the taking of property by the government without compensation.

Texas argued that the Takings Clause in the Fifth Amendment didn’t apply since it doesn’t explicitly indicate that a state government must provide just compensation for property it seizes or damages. The 5th Circuit Court of Appeals agreed.

But Texas changed course in January when attorneys presented their cases before the Supreme Court, telling the justices that the ranchers could in fact sue in state court under the Fifth Amendment.

“You’re the one who removed to federal court,” Justice Sonia Sotomayor said at the time. “This seems to me like a totally made-up case because they did exactly what they had to do under Texas law.”

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Texas Solicitor General Aaron Nielson rejected that characterization, saying the state may simply have “misunderstood” what the ranchers were arguing, according to SCOTUS transcripts. Nielson said Texas would not oppose an attempt by DeVillier to amend the lawsuit and proceed under state law, according to the court’s opinion, written by Justice Clarence Thomas.

WATCH: RANCHER SAYS TEXAS HIGHWAY PROJECT FLOODED HIS LAND, KILLING CATTLE AND HORSES:

WATCH MORE FOX NEWS DIGITAL ORIGINALS HERE 

The Supreme Court unanimously vacated the 5th Circuit decision and ruled that the DeVilliers and other property owners should be allowed to “pursue their claims under the Takings Clause through the cause of action available under Texas law.”

“Texas’s rapid about-face at the Supreme Court means that Richie and his family will still have their day in court,” IJ President and Chief Council Scott Bullock said in a prepared statement.

But Paxton’s office declared itself the winner in the case in a press release Tuesday afternoon.

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“For as long as Texas has been Texas, it has recognized that property rights are crucial to a free society,” Paxton said. “Under the U.S. Constitution, such claims should be pursued under state law unless Congress has said otherwise. I’m pleased the Supreme Court agreed with us unanimously that citizens should sue under Texas law.”

IJ Deputy Litigation Director Robert McNamara, who argued on DeVillier’s behalf, was baffled by Texas’ characterization of the outcome.

“The upshot of today’s decision is that Richie’s case against Texas is going to trial when Texas didn’t want it to,” McNamara said. “That’s what losing looks like.”

The Texas attorney general’s office did not respond to emailed questions about the case. The state doesn’t admit or deny in court documents that raising the interstate caused the flooding.

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To hear more from DeVillier and to see video of the floods, click here.

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Southwest

Fox Nation becomes exclusive streaming partner for Matthew McConaughey's 'Deep in the Heart'

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As the cliché goes, everything’s bigger in Texas – so it’s only natural that the cliché extends to the expansive landscapes that help shape the Lone Star State’s distinct identity. 

Visually stunning cinematography and stories told through the lens of the wildlife inhabiting these landscapes tell the story of the state’s remaining wild places in the Matthew McConaughey-narrated “Deep in the Heart,” a film that recognizes Texas’ conservation importance on a continental scale.

And it’s all streaming exclusively on Fox Nation.

TEXAS WILDFIRE RAVAGES NEARLY 900,000 ACRES IN SECOND LARGEST FIRE IN STATE’S HISTORY

Esteemed actor Matthew McConaughey narrates “Deep in the Heart,” a celebratory tale of the natural beauty and diverse wildlife of the Lone Star State. (Gary Miller)

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“It’s an honor to offer Matthew McConaughey’s renowned storytelling to Fox Nation’s viewers in this breathtaking film spotlighting all of nature’s greatest elements of the Lone Star state,” Fox Nation President Lauren Petterson said of the platform acquiring exclusive rights to the film.

The “Interstellar” and “Dallas Buyers Club” star talks viewers through the sprawling, diverse landscapes of his home state, using his renowned storytelling to explore the highest peaks in West Texas all the way to the Gulf of Mexico in the hour-long film.

“This film celebrates the natural wonders of Texas,” McConaughey’s voiceover notes. 

TEXAS PARK OFFICIALS STUMPED BY ‘MYSTERY ANIMAL’ ON CAMERA: ‘WE’RE SCRATCHING OUR HEADS’

Guadalupe Peak

El Capitan (Guadalupe Peak), massive Permian limestone, formed the central part of the Permian Reef Complex that makes up the Guadalupe Mtns. Below the peak are shale deposits from deeper parts of the basin. (Marli Miller/UCG/Universal Images Group via Getty Images)

“It is a story about tragedies in our past, of recoveries against all odds, and is a call to action to conserve the wildlife and wild places. This is a story for all who love Texas.”

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Viewers are visually taken through the vastness of the Great Plains, the hill country, deserts and the Rocky Mountains, witnessing the diversity that naturally beautifies one of America’s most talked-about states.

TEXAS CAPITAL AUSTIN LOOKS TO HIRE FULL-TIME BAT BIOLOGIST TO TRACK ITS MASSIVE COLONY OF THE FLYING MAMMALS

Great Plains

Stunning cinematography captures the flatlands and the peaks of the Lone Star State in “Deep in the Heart.” (Fox Nation)

Along the way, they witness the contrast that makes it so special – from the flatness of those plains, to the top of Texas at Guadalupe Peak. 

In the wildlife sphere, the state’s story is told through their eyes, from the catfish to the ocelot, showcasing the ever-changing relationship with nature, bringing into focus the ability to conserve – or destroy – habitats.

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“Deep in the Heart,” now available to stream, is slated to be available for Fox Nation viewers through the fall.

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Los Angeles, Ca

South L.A. narco that sold crack, meth out of storefront gets 12 years

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South L.A. narco that sold crack, meth out of storefront gets 12 years

A 54-year-old man, a member of what federal prosecutors referred to as the “Hoover Criminals Gang,” has been sentenced to 12 years in prison after he was found guilty of running a drug trafficking enterprise that distributed methamphetamine and crack cocaine, among other narcotics, out of his South Los Angeles storefront, authorities announced Tuesday.  

From June 2017 to May 2018, according to a news release from the United States Attorney’s Central District of California Office, Andrew “Batman” Tate engaged in drug sales out of his store, TNN Market, and directed his employees to do the same.  

He and a co-defendant, 59-year-old Bobby Lorenzo Reed, aka “Zo” and “Z,” who also owned a South L.A. store called H&E Smoke and Snack, supplied each other with narcotics and were implicated in dozens of illegal drug transactions and referrals.  

Reed is currently serving a 10-year prison sentence in this case after pleading guilty to federal narcotics charges in June 2022.  

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The 54-year-old was the lead defendant in a indictment targeting the gang’s members and associates in an investigation dubbed “Operation Hoover Dam,” the release noted. Prosecutors secured 10 convictions in the case, with Tate being the last defendant sentenced.  

“Tate participated in an extensive and long-running drug conspiracy to sell drugs, including methamphetamine and crack cocaine, in South Los Angeles,” prosecutors argued in a sentencing memorandum. “Tate’s role in the drug conspiracy was significant; he was the head of the entire drug trafficking enterprise pumping drugs into a vulnerable area of Los Angeles.” 

The Federal Bureau of Investigation, along with the Los Angeles Police Department and the California Department of Corrections and Rehabilitation, investigated the case.  

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Southwest

Bird flu could spread to cows outside US, head of WHO flu program says

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A World Health Organization official said on Tuesday there was a risk of H5N1 bird flu virus spreading to cows in other countries beyond the United States through migratory birds.

U.S. officials are seeking to verify the safety of milk and meat after confirming the H5N1 virus in 34 dairy cattle herds in nine states since late March, and in one person in Texas.

“With the virus carried around the world by migratory birds, certainly there is a risk for cows in other countries to be getting infected,” said Wenqing Zhang, head of WHO’s Global Influenza Programme at a news briefing in Geneva.

AMID BIRD FLU SPREAD, EXPERTS REVEAL IF IT’S SAFE TO DRINK MILK: ‘INDIRECT CONCERN’

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Cows stand in their pen at a cattle farm in Rockford, Illinois, on April 9, 2024. U.S. officials are seeking to verify the safety of milk and meat after confirming the H5N1 virus in 34 dairy cattle herds, nine states and one person. The World Health Organization said there was a risk of the bird flu virus spreading to cows in other countries beyond the United States through migratory birds. (Reuters/Jim Vondruska/File Photo)

She reiterated that the U.N. agency deems the overall public health risk posed by the virus to be low but urged vigilance.

Asked to evaluate U.S. transparency on the outbreak so far, Zhang said the global body had received regular updates and praised a decision to share the virus genetic sequence early.

“I do think the collaboration with U.S. CDC (Centers for Disease Control and Prevention) and the information we’ve received so far enables us to monitor the situation and to update the preparedness measures,” she said.

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