Houston Inverse Condemnation Lawyers
WAS YOUR PROPERTY DAMAGED AS A RESULT OF THE GOVERNMENT’S DECISION TO RELEASE WATER FROM THE BARKER AND ADDICKS RESERVOIRS? IF SO, WE MAY BE ABLE TO HELP YOU!
On Monday, August 28th, the U.S. Army Corp of Engineers made a conscious decision to release water from the Barker and Addicks reservoirs in Houston. The decision was made to relieve pressure on the dams and prevent them from failing, which would lead to catastrophic flooding in downtown Houston. While the water release prevented the dams from being breached, it caused severe flooding in neighborhoods that otherwise may not have been affected.
The government’s decision to release water from the Barker and Addicks reservoirs was an intentional decision the authorities knew would flood many neighborhoods to protect the integrity of the dams. As such, this decision likely qualifies as a “Taking” of property and homeowners whose property was flooded as a result of the intentional release may be entitled to substantial compensation.
The following is a list of neighborhoods that were affected by the flooding caused by the opening of the dams. Please keep in mind this list may not be complete.
- Briar Forest
- Frostwood Elementary
- Piney Point
- Rummell Creek
- West Houston/Outside Beltway/Energy Corridor
What is inverse condemnation?
Inverse condemnation is very similar to eminent domain in that both involve the government using your property for its own purposes, such as installing power lines or laying railroad tracks. But while eminent domain involves the government contacting you ahead of time, explaining why it needed your property, and how much you would be compensated for it, inverse condemnation works backwards. In these cases, your property is used with no prior warning, and you are left to request compensation after the fact.
Inverse condemnation vs. flood insurance
Inverse condemnation matters can involve a wide variety of issues. Because Hurricane Harvey and the release of the Addicks and Barker dams involve the flooding of nearby property, many are asking if they need flood insurance in order to bring an inverse condemnation claim. The answer is no. Whether or not an individual has flood insurance doesn’t matter. If you believe you have an inverse condemnation claim, don’t let a lack of insurance prevent you from pursuing it.
What can I do?
Above all else, your primary concern should be the safety and wellbeing of your family. The floodwaters are still receding, and it’s easy to feel overwhelmed. Remember that those filing an inverse condemnation claim have two years from the time the accident happened to do so. Above all else, hire a lawyer experienced and knowledgeable in the area of Inverse Condemnation law. Wyly & Cook, PLLC can help with your Inverse Condemnation claim. Call us today 713-236-8330 for a free initial consultation.