On August 25, 2017, Hurricane Harvey devastated Houston and much of Southeast Texas. Early estimates suggest that as many as 200,000 homes sustained water damage as a result of the storm.
Days later – at about 2 a.m. on August 28, several thousand homes were flooded by intentional releases of the Addicks and Barker dams, rather than the storm itself.
If your home or business first flooded on or after August 28, understanding an area of the law called inverse condemnation will be important.
Filing a Hurricane Harvey Damage Claim?
Call (877) 892-2797, Text (281) 612-8024 or Email Our Firm
for Your FREE Consultation
During your FREE case evaluation, we will review your potential claim, answer your questions and explain the process that lies ahead. Free virtual and mobile consultations are available to anyone who cannot visit our offices.
What Is Inverse Condemnation?
Inverse condemnation occurs when the government seizes private property for public use without a formal proceeding or condemnation process. An inverse condemnation claim requires that an intentional action by the government results in property being taken, damaged, or destroyed for public use.
This does not necessarily mean the government acted illegally or negligently. Additionally, state officials have contended the controlled releases were necessary to avoid far more devastating uncontrolled releases (e.g., sacrifice for the greater good).
The necessity of the releases is something that will have to be resolved in litigation. However, this does NOT necessarily mean you are not entitled to compensation.
Many are probably familiar with the idea that the government may choose to take private property to build a public road or install public utility lines. While the property owner may not have any say in this taking, they are still entitled to just compensation for their lost property.
An inverse condemnation lawsuit is necessary to receive compensation when the government takes or condemns property outside of the normal processes.
Fortunately, flood insurance is unrelated to an inverse condemnation claim. Consequently, property owners who do not have flood insurance policies and whose property was affected by these reservoir releases should contact a lawyer to discuss their rights for compensation for the damages caused by the controlled releases.
Get Important Answers & Advice about Your Recovery Options: Contact an Insurance Attorney at the Amaro Law Firm
An insurance attorney at the Amaro Law Firm is ready to help you recover from the devastation of Hurricane Harvey.
Call (877) 892-2797, text (281) 612-8024 or email our firm for your FREE Consultation.
Diligent and dedicated, our attorneys have the experience and insight you can count on when it’s time to assert your rights and pursue the recovery you deserve.