Reservoir Flooding Claims
If your home or business first sustained flooding after the Addicks or Barker dam releases at 2 a.m. on August 28th, 2017, then you should know about "inverse condemnation." This is a legal term for when the government takes away someone's private property for public use, or otherwise destroys or damages someone's property, without any formal process or condemnation proceeding. This is a violation of our 5th amendment rights; Daly & Black, P.C. represents clients who wish to sue for compensation in response to the government's unjust theft of property.
To win your claim, your lawyer must prove that the government intentionally took actions that resulted in your property being taken away or damaged. For example, public officials claimed that the Hurricane Harvey controlled water releases were necessary to protect the integrity of the Addicks and Barker dams from the catastrophic damage that would occur in the event of an uncontrolled release, as well as to preserve storage capacity in case additional water came down. In our minds, this is a clear example of the government intentionally taking away someone's property for public use.
The fact that the land was taken for the greater good does not diminish your claim. The government must still compensate affected property owners, and when they fail to do so, you should pursue that compensation legally.
How These Cases Work
In most takings cases, the government first decides that it needs to take land for a public purpose, such as building a highway, laying train tracks, or installing utility lines. It then begins proceedings to take the land and compensate the owner.
In an inverse condemnation case, the process is reversed, meaning, the government takes the land prior to following any formal process or compensating the owner. In such cases, the property owner is forced to file a lawsuit in order to secure their rightful compensation. We assist individuals in these situations who do not wish to be part of a class action, litigating for each individual, since each claim is often unique.
Inverse Condemnation is Different from Flood Insurance
You do not need flood insurance to maintain an inverse condemnation claim. In fact, an inverse condemnation claim may be your best legal recourse if you do not have insurance.
What damages can you get?
If the Addicks and Barker dam releases damaged your property or if your property was impacted by toxic contamination or chemical explosions due to a hurricane-related dam release, you may be entitled to compensation for the costs to rebuild or repair your home or business. You may also be entitled to amounts that compensate you for the diminution in value to your property.
Houston Flood Claim Insurance Lawyers
If your home or business has been damaged or destroyed because of the Barker or Addicks dam releases following Hurricane Harvey, you may be entitled to compensation. We can provide all the information and counsel you need regarding your legal options. We charge nothing for our time or expenses to our fellow Houstonians and other Texas residents; our firm only collects a fee if we succeed in your claim. If we don’t recover for you, you never pay us a dime.
At Daly & Black, we never take a case we do not believe we can win, we receive nothing until we win, and we make no settlement of any nature without our client’s approval. Our attorneys leverage results - not time.