Between August 25 and 29, 2017, the federal government stored massive amounts of stormwater from Tropical Storm Harvey in Addicks and Barker Reservoirs. As a result, both reservoirs reached historically high levels and flooded thousands of homes and businesses which were built within the reservoirs’ maximum “design pools.” This lawsuit asserts that the federal government cannot use private property to store federal floodwaters without providing compensation.
In October 2022, the U.S. Court of Claims issued a ruling awarding just compensation of $484,166.44 (plus interest) for six test property plaintiffs. The biggest awards went to the flood victims who suffered structure flooding and significant property damage during Harvey.
The awards (before interest) for the flooded test property homes reflect between 37% to 64% of the pre-flood home value. In terms of house size, those numbers yield between $98-134 per square foot of flooded space.
Because of the nature of the calculation, it may not be appropriate to apply these numbers directly to your home’s pre-flood value or lower-floor square footage. But these results should help understand the value in these cases—and what people stand to lose if they do not file claims.
These awards are subject to interest—which has been running since Harvey. According to the Court, interest started counting on the day of the flood and continues at a rate of 3.62% compounded semi-annually until the date of payment.
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Wording in a court judgment prevents homeowners in the giant reservoirs west of Houston from suing the federal government in future floods and could place
Under the ruling, the U.S. Army Corps of Engineers won’t have to compensate homeowners who bought their property after August 30, 2017 if the land
More than five years after their homes and businesses were flooded, residents above the Addicks and Barker dams are learning how much money the federal
Attorneys talked about the case, the upcoming deadline and answered questions from homeowners.
Our team is comprised of attorneys with significant flooding cases from Burns Charest LLP, Irvine & Conner PLLC, and Dunbar Law Firm, PLLC. These attorneys were responsible for the trial victory on liability for a federal takings case, In re Upstream Addicks and Barker Flood-Control Reservoirs, No. 1:17-cv-09001-CFL, in the U.S. Court of Federal Claims. Read more about the case.
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Burns Charest LLP
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Dallas, Texas 75202
Irvine & Conner PLLC and Dunbar Law Firm, PLLC each maintain their principal office in Houston, Texas. Burns Charest LLP maintains its principal office in Dallas, Texas. The attorney responsible for the content of this website is Charles W. Irvine.
