Breaking News: Court Rules Homeowners Behind Addicks and Barker Dams Are Entitled to Fifth Amendment Compensation -- Government Liable for Project-Induced Flood Damage
It’s not too late, you can still file your claim as a client in the upstream reservoir docket and put the power of Williams Hart co-lead trial counsel Armi Easterby on your side. We are currently still accepting upstream reservoir clients. Fill out the form or give us a call at (713) 352-0401.
If you were flooded by the Barker & Addicks reservoirs, the government may owe you money.
Both the Addicks and Barker reservoirs are operated and maintained by the U.S. Army Corps of Engineers, and as such are projects of the United States government. Subdivisions behind the reservoirs were subjected to extended controlled inundations under the management of the Corps. Downstream properties were purposefully flooded when the Corps’ released unprecedented amounts of stormwater into Buffalo Bayou. A substantial percentage of the inundated homes and businesses had no prior history of flooding, were not in the 100 year or 500 year floodplains, and weren’t covered by flood insurance.
If you own residential or business property that was inundated by Addicks or Barker stormwater, you may be entitled to compensation under the 5th Amendment's Taking Clause. Normally, when the government makes a determination that it needs to use private property for a public purpose, it condemns the land and pay the owner just compensation. An "inverse condemnation" case works backwards: the government uses the property first, and the property owner must file a lawsuit in order to recover just compensation. In 2012, the U.S. Supreme Court confirmed that temporary, government-induced flooding can give rise to an inverse condemnation for which just compensation is owed.
Click here to see the post-trial scheduling order.
For more information, please call Williams Hart at (713) 352-0401.