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.
am i eligible?
All owners of residential and commercial properties within the maximum “design pool” of the Addicks and Barker Reservoirs at the time of Harvey flooding are eligible to join the lawsuit, which is filed as a class action because it is the most efficient and effective way to gain relief for all flood victims (see FAQ below for explanation). For Addicks, the class is all owners of property that flooded that is below approximately 109.1 feet elevation. For Barker, the class is all owners of property that flooded that is below approximately 101.5 feet elevation.
how much compensation could i receive?
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.
judge awards compensation
A judge recently awarded compensation to a group of property owners affected by the flooding from Hurricane Harvey as a test case. Any future awards will vary based on the type of and extent of the damage, property location, and other factors.
Frequently Asked Questions
