The attorneys of Raizner Slania LLP, together with Edelson PC, have filed a Class Action Complaint against the United States on behalf of property owners flooded by the Houston Addicks and Barker dam releases after Hurricane Harvey.
Around 2:00 a.m. on August 28, 2017, the United States Army Corps of Engineers (USACE) began releasing large amounts of water from both the Addicks Reservoir and the Barker Reservoir in an effort to prevent a massive failure of both systems. By doing so, the USACE knowingly flooded thousands of homes in the Houston area—homes which remain under water as of the filing of this lawsuit and will remain under water for several weeks to come due to the ongoing releases occurring from the dams.
This inverse condemnation lawsuit is not brought under the Federal Tort Claims Act and does not allege that any government official committed any wrongdoing. Instead, it alleges a violation of the Takings Clause of the Fifth Amendment of the United States Constitution. The Takings Clause specifically states that the government shall not take private property for public use from property owners without providing those property owners with just compensation. The intentional discharge of water from the Addicks and Barker dams has caused permanent damage to a class of property owners who would not have otherwise flooded but for the USACE decision to discharge the water. USACE stated that the reservoir release was done for a public purpose, and the government is obligated to compensate the property owners who were affected by this decision.
The lawsuit seeks a declaration that the actions constitute a taking under the Fifth Amendment of the Constitution, ordering the government to notify the impacted parties of its intention to compensate them for the taking, awarding just compensation, and any other relief as deemed fair by the court.
If you own property that was flooded by the Addicks or Barker dam releases, you may be entitled to compensation. Our lawyers are already taking action to protect the affected property owners’ rights. Contact Raizner Slania LLP today if you believe your home or business is in the affected area. We are available to provide more information for free at your convenience.
