Did You Flood After Harvey Because Of The Addicks Reservoir Release?
Nottingham Forest, Wilchester, Wilchester West, Gaywood,
Yorkshire, Piney Point, Thornwood, Fleetwood, Rustling Pines
You may have a legal claim against the government if your home was flooded by the release of water from the Addicks reservoir. This is attorney Hugh Howerton. I live in West Houston near Rummel Creek and watched first hand the devastation of my neighbors homes when the government intentionally flooded their homes by releasing water from the Addicks reservoir.
I have friends in Nottingham Forest, Thornwood, Wilchester and Rustling Pines and the losses there are catastrophic. Many of these homes survived the rain but not the release.
Some homeowners had flood insurance but many did not because their homes had never flooded.
If this happened to you there may be legal action you can take against the government to recover the costs of your repairs, even if you did not have flood insurance. It’s called Inverse Condemnation.
“Inverse condemnation occurs when (1) a property owner seeks (2) compensation for (3) property taken for public use (4) without process or a proper condemnation proceeding.
To state a cause of action for inverse condemnation under the Texas constitution, a plaintiff must allege (1) an intentional governmental act; (2) that resulted in his property being taken, damaged, or destroyed; (3) for public use.
West Houston Energy Corridor
If The Release Was Done For A Public Purpose Do I Still Have a Claim?
Inverse condemnation does not mean the government was negligent. You do not have to prove that the government failed to act reasonably or illegally. In this particular case the government intentionally flooded your home by releasing water from the Addicks reservoir. Even if it was done for a valid purpose you may still be entitled to bring a claim for inverse condemnation. If the government damaged or “took” your home they made be legally required to pay damages.
If I Did Not Have Flood Insurance Can I Still Have A Claim For Inverse Condemnation?
The answer is yes. Even if you did not have flood insurance you can still file a claim for inverse condemnation. This may be your only legal remedy.
Learn About Your Legal Options
To learn about your legal options if your home was flooded because of the Addicks reservoir release after Hurricane Harvey contact me at 713.984.9848.
You can also contact by E-Mail
You have two years from the date of your loss to file a lawsuit.