On August 27-28, 2017, the Army Corps of Engineers released water from the Addicks / Barker reservoirs to reduce the water level. The Corps of Engineers did this knowing that it would flood nearby neighborhoods.
Many home and properties that were otherwise safe and dry suffered significant flooding as a result.
from HCFCD, Aug. 28, 2017
“When the government physically takes possession of an interest in property for some public purpose, it has a categorical duty to compensate the former owner.”
— U.S. Supreme Court (2002)
The reservoir flooding is a “Taking” by the government. The 5th Amendment of the Constitution provides that private property shall not be taken for public use “without just compensation.” This clause is “designed to bar government from forcing some people alone to bear public burdens which, in all fairness and justice, should be borne by the public as a whole.”
The U.S. Supreme Court held in 2012 that it was possible for government-induced, temporary flooding to constitute a “taking” of property.
If you or someone you know was affected by this “taking”, you should file a claim with the U.S. Court of Federal Claims. You will NOT be suing the government for FAULT. Nor will you be complaining of their decision. You are requesting compensation because your property was sacrificed for the benefit of others because you have a constitutional right to be compensated.
