If you were flooded by the Barker & Addicks reservoirs, the government may owe you money.
Under certain facts, the 5th Amendment requires that the government pay just compensation when it uses private land for the public good. West Houston homes and businesses that were flooded by the Addicks and Barker reservoirs may be eligible for compensation. Contact us today to see if you qualify.
Read our December 21, 2017 newsletter for the latest update.
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.
Officials confirm no buyout program is available. Click here for to learn more.
For more information, please call Williams Kherkher at (713) 999-4552.