Addicks & Barker Reservoirs Inverse Condemnation Claim

At approximately 2 a.m., on Monday, August 28th, 2017, the US Army Corp of Engineers released water from the Addicks & Barker reservoirs. Official were concerned that the added pressure on the dams from the increasing water levels could cause the dams to fail, which would have resulted in catastrophic flooding. The release of water from these reservoirs caused substantial downstream flooding in neighborhoods that otherwise may not have been affected.

We are not critical of the decision made by the Army Corp of Engineers. The decision to release the water in these reservoirs was possibly the best decision that could have been made under the circumstances. However, because the flooding was intentional, an affected property owner can file a claim. This process is called inverse condemnation. The United States Supreme Court ruled in 2012 that intentional, temporary flooding by the federal government may constitute a “taking” under the Constitution. When the government takes private party for a public purpose, the government must compensate the property owner pursuant to the 5th Amendment to the United States Constitution.

You do NOT need flood insurance to file an inverse condemnation claim. Neighborhoods in Nottingham, Piney Point, Rummell Creek, Wilchester, Briar Forest, Energy Corridor, and Frostwood are just some of those affected by the downstream flooding.

If you have any questions regarding whether you have a claim, please contact us.