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Frequently Asked Questions

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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Case Updates

Addicks/Barker Town Hall Meeting

Harvey Deadline
Monday, May 22, 2023

Attorneys talked about the case, the upcoming deadline and answered questions from homeowners.

Listen to learn more about the case

leading trial team

Our team is comprised of attorneys with significant flooding cases from Burns Charest LLPIrvine & 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.