What is an "inverse condemnation" Lawsuit?
Most people are familiar with eminent domain, where the government pays for private property before taking and using it. Inverse condemnation cases are similar, except they describe the situation in which the government takes private property first, and then the landowner must file a court case to recover the compensation required by the 5th Amendment of the Constitution. We believe the victims of this government-created flooding should receive just compensation for the damage to their property rights, homes and possessions. It is important to file a claim today.
Both the Addicks and Barker reservoirs are operated and maintained by the Army Corps, and are therefore the responsibility of the federal government. During and after Harvey, subdivisions and neighborhoods upstream of the reservoirs were sacrificed to protect the City of Houston. The Army Corps’ decision to flood approximately 10,000 Upstream structures during Harvey prevented $7 billion in additional downstream property damage. It is undisputed that the Upstream homeowners and businesses were unaware their properties were located inside the Army Corps’ reservoirs, or that the risk of reservoir pool flooding is not shown on FEMA flood maps. Consequently, thousands of homeowners were unaware of the risk and weren’t covered by flood insurance. This has left thousands of people with no way to rebuild the destruction caused by the government’s intentional flooding.
Both the Addicks and Barker reservoirs are operated and maintained by the Army Corps, and are therefore the responsibility of the federal government. During and after Harvey, subdivisions and neighborhoods upstream of the reservoirs were sacrificed to protect the City of Houston. The Army Corps’ decision to flood approximately 10,000 Upstream structures during Harvey prevented $7 billion in additional downstream property damage. It is undisputed that the Upstream homeowners and businesses were unaware their properties were located inside the Army Corps’ reservoirs, or that the risk of reservoir pool flooding is not shown on FEMA flood maps. Consequently, thousands of homeowners were unaware of the risk and weren’t covered by flood insurance. This has left thousands of people with no way to rebuild the destruction caused by the government’s intentional flooding.
Speak with a Case Evaluation Specialist: 713-230-2200
|
Hurricane Harvey, the $125B Storm
Harvey was a tropical storm that hit the Houston area on August 26, 2017. While Harvey was a large storm, the 35 inches of rain it generated in five days weren’t unprecedented. In fact, the Greater Houston Area has faced larger storms than Harvey before and after 2017. Most importantly, the Army Corps specifically designed Addicks and Barker to withstand storms much larger than Harvey. As such, Harvey does not meet the legal definition of the government’s defense as an “Act of God.” As we proved in Court, the cause of upstream flooding wasn’t Harvey’s rainfall, but instead was caused by the decisions and actions of the Army Corps.
Unfortunately, by the time county and city officials issued flood warnings to neighborhoods upstream of both Addicks and Barker, it was too late. By then, streets were impassable and many of the homes were already flooded. Residents were forced to evacuate with little or no notice. With no indication that their homes were at risk and no previous history of flooding, hundreds of people were left to face the destruction of their homes that were purposefully flooded by the government. View a timeline of the storm here. |
The Government IS Found Liable
Following the government induced flooding during Harvey, the neighborhoods behind the Barker and Addicks reservoirs united to demand justice from the Army Corps. Attorney Armi Easterby, a partner at Williams Hart Law Firm with over 20 years’ experience in this specialized court, was appointed by the court as co-lead counsel to lead the upstream cause in the courtroom.
The pundits said the upstream case could not be won. The Army Corps tried to overwhelm Armi and his team by producing over 1.5 million pages of documents and over 4 TB of electronically stored information. Undaunted, Armi and his team worked round the clock to obtain justice for the families and businesses the federal government sacrificed. In the course of reviewing these documents and electronic records, Armi and his team unearthed internal Army Corps’ memos that showed the Corps not only predicted the government-created flooding, but intended for it to happen.
Equipped with the Army Corps’ own documents, Armi served as co-lead counsel during a two-week liability trial in May of 2019. Over 30 witnesses were called to testify, including property owners, representatives from Harris County and Fort Bend County, personnel from the Army Corps, FEMA, and other federal agencies, as well as experts in hydrology, meteorology, and real estate valuation. The trial included a site inspection during which Judge Lettow personally viewed the Addicks and Barker reservoirs, and the devastation wrought on the upstream neighborhoods by the Army Corps’ choices.
On December 17, 2019, the United States Court of Federal Claims issued an official ruling finding the government liable. This ruling in favor of Upstream homeowners and businesses represents the biggest inverse condemnation win in the history of the United States.
The pundits said the upstream case could not be won. The Army Corps tried to overwhelm Armi and his team by producing over 1.5 million pages of documents and over 4 TB of electronically stored information. Undaunted, Armi and his team worked round the clock to obtain justice for the families and businesses the federal government sacrificed. In the course of reviewing these documents and electronic records, Armi and his team unearthed internal Army Corps’ memos that showed the Corps not only predicted the government-created flooding, but intended for it to happen.
Equipped with the Army Corps’ own documents, Armi served as co-lead counsel during a two-week liability trial in May of 2019. Over 30 witnesses were called to testify, including property owners, representatives from Harris County and Fort Bend County, personnel from the Army Corps, FEMA, and other federal agencies, as well as experts in hydrology, meteorology, and real estate valuation. The trial included a site inspection during which Judge Lettow personally viewed the Addicks and Barker reservoirs, and the devastation wrought on the upstream neighborhoods by the Army Corps’ choices.
On December 17, 2019, the United States Court of Federal Claims issued an official ruling finding the government liable. This ruling in favor of Upstream homeowners and businesses represents the biggest inverse condemnation win in the history of the United States.
Thus, the court finds the defendant liable.”
- Judge Charles F. Lettow, a Senior Judge of the United States Court of Federal Claims
The Judge concluded that the upstream flooding caused by the government’s operation of the Addicks and Barker Dams constituted a taking under the Fifth Amendment. Throughout the course of the trial, we successfully proved the following three major points:
Throughout the liability trial, the government relentlessly argued that Harvey’s rainfall was the sole cause of all the upstream flooding and pointed the finger at property owners for choosing to buy homes in a "flood prone" area. The Judge rejected these arguments and held that the flooding was the "direct, natural, or probable result" of the government’s activity of using the dams to hold back and control rainfall runoff, which otherwise would have drained downstream and destroyed the City.
|
The Judge agreed that, "the government had made a calculated decision to allow for flooding these lands years before Harvey, when it designed, modified, and maintained the dams in such a way that would flood private properties during severe storms."
|
In the case of Addicks and Barker, “the government received a notable benefit at the expense of the upstream private property owners...the government protected downstream properties from an estimated $7 billion in losses during Harvey...while concurrently causing upstream properties to suffer from severe flooding."
|
A full copy of the Order is available here. According to the government, this is the largest inverse condemnation case in the United States.
How We Can HelpOur experienced legal team will thoroughly investigate your claim to see if you are eligible for an award of just compensation. If you are eligible, we will work to hold the government accountable for its decision to sacrifice your property to protect the City of Houston. Over 1,600 families and businesses have hired Armi and his team, and you can do the same. Depending on the circumstances of your case, our dedicated legal team will fight to help you seek the following forms of compensation:
Depend on our trustworthy and compassionate reservoir team to deliver the results you deserve. Contact us today for a free consultation. |
Legal Disclaimer
By clicking "Submit" I consent to being contacted at the number and email I provided by an attorney or intake staff from the litigation team at Williams Hart law firm. This may include being contacted by email text message or phone. Standard telephone, message, and data rates may apply. Clicking "Submit" communicates my electronic signature consent to being contacted. Past performance is no guarantee of future results. This ADVERTISEMENT is paid for by Williams Hart. Williams Hart will not provide your contact information to any unaffiliated third parties. |