A group of flooded-out Harris County homeowners and businesses sued the federal government on Tuesday, accusing the U.S. Army Corps of Engineers of knowingly condemning their properties by releasing water from the Barker and Addicks reservoirs after Hurricane Harvey.
The suit is not alleging negligence. In other words they are not saying the government did anything wrong, but the government’s decision to release water from the reservoirs for the public interest needs to compensate the downstream landowner in the same way it would it if was creating a highway.
The Plaintiffs rely on the Fifth Amendment, which says that private property cannot be taken without just compensation. The Texas Constitution guarantees the same right. State and federal law would similarly protect people with homes or businesses upstream of the reservoirs. More specifically, the complaint alleges that took their property by inverse condemnation. That is when the government takes private property for public use without any formal process or condemnation proceedings.
If you or someone you know has been harmed by the intentional wrongs of a government entity or a private individual, it is important to find a skilled law firm with experience handling these cases. The law firm of Abraham, Watkins, Nichols, Agosto, Aziz & Stogner is the oldest personal injury firm in Texas, and our attorneys are standing by to assist with your claim. Call us today at (713) 222-7211 or 713-222-7211 for your free consultation.