The Supreme Court of Texas held last week that the courts below shouldn't have refused to certify a "takings" case as a class action on the ground that the class representatives couldn't adequately represent the interests of all class members. Riemer v. Patterson, No. 11-0548 (Tex. Feb. 22, 2013).

That doesn't amount to saying the courts below should on remand certify the case as a class action. Only that if they do again decline certification they'll have to find another ground.

The case relates to the "takings" of surface and mineral rights without due process and payment of compensation by virtue of where the State of Texas deemed the boundaries of the Canadian River to lie. The State owns the surface and minerals beneath the bed of streams and therefore has an interest in, shall we say, exaggerating the width of Texas waterways.

Yes, this counts as progress.