The 5th Amendment to the United States Constitution and Article 1, Section 17 of the Texas Constitution each provide legal protection to property owners whose property was damaged, destroyed, condemned, or taken by a governmental unit for public use. Under such circumstances, the property owner is due just compensation for the government’s taking of such property. Arguably, this legal protection includes instances where a governmental unit purposefully floods certain property in an effort to mitigate public harm.
The 5th Amendment to the United States Constitution and Article 1, Section 17 of the Texas Constitution each provide legal protection to property owners whose property was damaged, destroyed, condemned, or taken by a governmental unit for public use. Under such circumstances, the property owner is due just compensation for the government’s taking of such property. Arguably, this legal protection includes instances where a governmental unit purposefully floods certain property in an effort to mitigate public harm.
The United States and Texas Constitutions provide just compensation to property owners affected by government action. Please contact us if you would like to discuss this matter further.
The United States and Texas Constitutions provide just compensation to property owners affected by government action. Please contact us if you would like to discuss this matter further.
On August 28, 2017, governmental authorities began controlled release of the Addicks and Barker Reservoirs in the Houston metro area. Such releases were also conducted for Lake Conroe and Lake Houston. The controlled releases are designed to protect the public from reservoir dam and levee breaches and to maintain the structural integrity of the dam and levee system. Unfortunately, such controlled releases have resulted in extensive flood damage to property owners in the path of the releases. Such property owners could have a claim against the government for just compensation for the property damaged or destroyed as a result of the governmental action. This claim is irrespective of flood insurance and does not assert any wrongdoing by the government, only that the property owner is due just compensation for such “taking” under the Texas and U.S. Constitutions.
On August 28, 2017, governmental authorities began controlled release of the Addicks and Barker Reservoirs in the Houston metro area. Such releases were also conducted for Lake Conroe and Lake Houston. The controlled releases are designed to protect the public from reservoir dam and levee breaches and to maintain the structural integrity of the dam and levee system. Unfortunately, such controlled releases have resulted in extensive flood damage to property owners in the path of the releases. Such property owners could have a claim against the government for just compensation for the property damaged or destroyed as a result of the governmental action. This claim is irrespective of flood insurance and does not assert any wrongdoing by the government, only that the property owner is due just compensation for such “taking” under the Texas and U.S. Constitutions.
5300 Memorial Drive, Suite 890, Houston, TX 77007 | Email: info@thecoxlawfirm.com | Call: 713-862-7772
5300 Memorial Drive, Suite 890, Houston, TX 77007 | Email: info@thecoxlawfirm.com | Call: 713-862-7772