Husain Law + Associates, PC, a personal injury, litigation, immigration, and aviation law firm in Houston, is filing compensation claims now on behalf of property owners and commercial business owners who suffered damage after the government dam releases of the Addicks, Barker, and Conroe Reservoirs. Our attorneys have experience in handling storm related claims, and are here to put our experience to work for you!
In addition to the widespread damage, destruction, and flooding caused by Hurricane Harvey, the homes and businesses of thousands of people near the Addicks Reservoir, Barker Reservoir, and Lake Conroe were flooded by the government’s actions to take private property for public use. If your home or business flooded after the releases of the Addicks Reservoir, Barker Reservoir, and Lake Conroe, you may be entitled to compensation. Flood victims may be able to recover from the government by filing an inverse condemnation proceeding and therefore do not need flood insurance through FEMA or private insurance.
HURRICANE HARVEY FLOOD CLAIMS: ADDICKS RESERVOIR, BARKER RESERVOIR
On the evening of Sunday, August 27, 2017, the U.S. Army Corps of Engineers announced its decision to release water into the Buffalo Bayou from the Addicks and Barker dams—two flood-control dams in Houston—early Monday to prevent uncontrollable flooding of the Houston metropolitan area. Officials stated that this was the first time engineers did this for flood control. The releases were announced to begin at 2:00 a.m. on Monday, August 28, 2017. However, the U.S. Army Corps of Engineers began the releases of the dams around midnight because of the dramatic increase of the water levels in the reservoirs. The releases soon started to flood thousands of homes and businesses both upstream and downstream from the reservoirs. Mandatory Evacuations were ordered for thousands of homes and businesses inundated located west of Gessner, east of Highway 6, south of IH 10/Katy Freeway, and north of Briar Forest. These people lost everything “for the greater good” of the public, and they need help to get back on their feet.
The Harris County Flood Control District expected the following subdivisions to be impacted by some degree of flooding from the rising levels of both reservoirs:
Barker Reservoir Subdivisions: Arcadia, Arcadia Court, Cinco Ranch Equestrian Village, Estates of Baker Lane, Flagstone Estates, Green Trails, Green Trails Crossing, Green Trails Forest, Green Trails Village, Green Trails Oaks, Green Trails Park, Green Trails Village, Heatherwood Park, Highland Trails, Kelliwood, Kelliwood Enclave, Kelliwood Gardens, Kelliwood in Nottingham Country, Kelliwood Lakes, Kelliwood Place, Kelliwood Trails, Kingsland Acres, Kingsland Estates, Krystal Lakes Estates, Lakeforest of Kelliwood, Lakes of Buckingham, Lakes of Buckingham Kelliwood, Memorial Parkway, Memorial Parkway Village, Nottingham Country, Oak Park Trails, Parklake Village, Parkview at Barker Cypress, Ricefield Village, Stonelodge, University Park West, West Side Forest, Westgreen Park, Willowgreen Park, Willow Park Greens, Windsor Park Estates, Windsor Park Lakes
Addicks Reservoir Subdivisions: Barker Addition, Barker Crossing, Barkers Branch, Barkers Crossing, Bear Creek Central, Bear Creek Estates, Bear Creek Farms, Bear Creek Trails, Bear Creek Village, Bear Creek West, Bradford Colony, Clay Hill Park, Clay Hills Plaza, Clay Meadows, Concord Bridge, Concord Bridge North, Concord Colony, Cypress Parke, Eldridge Park, Estates at Cullen Park, Feste Park at Bear Creek Village, Forest Village, Georgetown Colony, Glencairn, Glencairn Park, Glencairn South, Hearthstone Place, Jamestown Colony, Lake Harbor, Lakes of Eldridge North, Lakes of Pine Forest, Lakes on Eldridge, Lakes on Eldridge North, Landing at Park Harbor, Langham Creek Colony, Mayde Creek Farms, Park Harbor, Park Harbor Estates, Park Harbor Oaks, Park Place Center, Pine Forest Green, Pine Forest Landing, Pine Forest Village, Ranch at Barker Cypress, Savannah Estates, Timber Creek Place, Twin Lakes, Villages at Lakepoint, Westlake, Westlake Forest, Westlake Place, Yorktown Crossing
The following subdivisions are in Fort Bend County, and could be impacted by flood waters: CANYON GATE, all sections; CINCO RANCH, following sections (Bayou Park Estates; Cinco Forest; Equestrian Village; Fountain View; Greenway Village; Institutional Core; Southpark; Meadow Place; North Lake Village; Plaza Subdivision; West, Section 7; Willow Fork); GRAND LAKES, all sections; KELLIWOOD (Courts; Fairways; Greens; Links; Park; Pointe; Terrace); RICEFIELD VILLAGE; WILLOW FORK (Greens, Section 1).
HURRICANE HARVEY FLOOD CLAIMS: SAN JACINTO RIVER AUTHORITY, LAKE CONROE
The San Jacinto River Authority (SRJA) released millions of gallons of water from Lake Conroe as a “controlled release” on August 27, 2017, for the greater good of the public. The San Jacinto River Authority posted they were releasing water from Lake Conroe at the rate of 55,138 cubic feet per second (CFS). According to Houston Fire Chief, in one night, over 400 people had to be rescued from the flood waters. Thousands of homeowners and business owners’ properties were flooded who had previously escaped flooding from Hurricane Harvey itself. The affected areas include: Kingwood; Humble; Spring; Atascocita; Harpers Landing; River Plantations; Forest Cove; Atascocita and Other Montgomery, Liberty or Harris County Residents further downriver. If your home or business flooded after the San Jacinto River Authority’s release of Lake Conroe, you may be entitled to compensation.
At this time, it is not important to question whether this was the right action for the San Jacinto River Authority (SRJA) and the U.S. Army Corps of Engineers to do. The bottom line is the San Jacinto River Authority (SRJA) and U.S. Army Corps of Engineers did “controlled releases” of the Addicks Reservoir, Barker Reservoir, and Lake Conroe intentionally, and with full knowledge that their actions would result in residential and commercial properties to flood downstream “for the greater public good.”
The “Takings Clause” of the 5th Amendment says, “…nor shall private property be taken for public use, without just compensation.” The intentional, temporary flooding by the U.S. government of private property for the public good can be a “taking” under the U.S. Constitution. Homes and businesses flooded after the releases of the Barker reservoir and Addicks reservoirs and Lake Conroe are entitled to just compensation for the damage that was done to their property, and the loss of the use of that property due to the flood water. Since this event was considered an 800-year flood, most of those affected did not have flood insurance or their flood insurance is insufficient to cover all their damages. These people need just compensation to put their lives back together. #HoustonStrong #HurricaneHavey #DamFlooding
RECOVERABLE DAMAGES UNDER INVERSE CONDEMNATION
The flood damages caused by the releases could include compensation for the following, and more as determined by our experts:
We have helped hundreds of clients repair their homes and their lives after suffering from a hurricane by helping them collect thousands of much needed dollars in settlements. We have represented business owners, homeowners and renters in claims against their insurance companies, builders, contractors, government entities, and others who have caused damages to our clients and their homes or businesses. When the other side has refused to fully compensate our clients, we will not hesitate to take them to trial. We have helped many who have suffered the devastating effects of natural disasters, and look forward to helping you as well.
FILE YOUR CLAIM TODAY We can provide you with a free consultation and information to help you get back on your feet. Contact Husain Law + Associates, P.C. today at 713-800-1200 or [email protected] or fill out the form below.