The U.S. Court of Appeals for the Fifth Circuit created a law that lets states avoid compensating property owners for assets it takes, according to a dissent joined by five circuit judges.

Counsel for the plaintiffs are asking the U.S. Supreme Court to look into Devillier v. Texas, a case in which the entire court, in a majority vote, refused to rehear a ruling that left no lower court recourse for landowners when a state highway project caused their property to flood.