Were you flooded during Harvey in 2017?
If you were flooded during Harvey in 2017 by floodwaters behind Addicks or Barker dams, you need to file a claim before August 28, 2023, to protect your rights and get compensated for your damages! Cutoff Dates For Filing Claims By Co-Lead Counsels May Be Much Earlier So Don’t Delay, Act Today.
AUG
16
You must have a claim filed before August 28, 2023, or you could lose your ability to gain compensation as part of the litigation.
Overview
Hurricane Harvey had devastating consequences for the Houston Region when it hit in August of 2017. Large swaths of flooding occurred throughout the region. Flooding related to the operation of Addicks and Barker Reservoirs impacted residents negatively both upstream and downstream of the reservoirs.
The flooding and inundation of private property during this period led to legal action by property owners against the United States Army Corp of Engineers (hereinafter “USACE”). At issue is USACE’s operation of the reservoirs between August 25 and 29, 2017 and impacts to adjacent private properties. Three specific lawsuits have been filed (1) upstream litigants seeking just compensation for USACE’s taking of private property, (2) downstream litigants also seeking monetary compensation, and (3) local government litigants seeking non-monetary relief, including injunctive and declaratory relief to compel the USACE to follow their own regulations for acquisition and use of real property for operation of the Reservoirs.
This web site discusses actions and status of; (1) upstream litigants and (3) local government litigants. This web site also seeks to inform the public of upcoming town hall meetings and information where the public can learn more about this litigation and to educate individuals and local governments on actions they can take to protect their interests.
The purpose of this website is first and foremost to alert interested parties of the short window of time to protect their property rights, update the public on the status of ongoing litigation, advise on dates of future community meetings, and make available information covered in those meetings as a resource to the public.
Meeting Dates & Location
Aug
16
Jul
19
June
22
Town hall discussion topics will include:
- What is the status of the Upstream Addicks and Barker takings litigation?
- When is the deadline to make a claim for damage recovery?
- How do I start a claim?
- What is being done to protect my property in the future?
Upstream Litigation
Between August 25 and 29, 2017, the federal government stored massive amounts of stormwater from Tropical Storm Harvey in Addicks and Barker Reservoirs. As a result, the reservoirs reached historically high levels and flooded thousands of homes and businesses which were built within the reservoirs’ maximum “design pools”. This lawsuit asserts that the federal government cannot use private property to store federal floodwaters without providing just compensation.
In December 2019, a judge determined that USACE, by its actions during Harvey, indeed took a permanent flowage easement on private property up to the level flooded during Harvey. Specifically, the Court of Federal Claims held that the 12 bellwether plaintiffs are due compensation for provable damages otherwise not reimbursed through other means (federal flood insurance, other special hazard mitigation funds, etc.).
At the same time the judge determined because USACE has taken a permanent flowage easement, going forward, USACE can lawfully flood private lands upstream again up to inundation levels experienced in Harvey (Addicks Reservoir at 109.1 ft. elevation or below and Barker Reservoir at 101.6 ft. elevation or below) without compensation and that such right is permanent (not temporary). Indeed, the Court has made clear that all private property within the flood pool that was flooded during Harvey is now subject to a permanent flowage easement (PFE)
What many affected property owners may not realize is that to receive any compensation from the government, they must file a claim before August 28, 2023, at which time the statute of limitations will be reached.
Unfortunately, with less than three months to go, close to half the potential plaintiffs have still not filed a claim.
f you are a qualified claimant and have not yet filed a claim, this is your only chance to receive compensation.
Finally, while the period to file claims may run until August 28, 2023, co-lead counsels may have internal cut-offs that require action weeks in advance. You should seek counsel and file a claim before the end of July to allow plaintiff attorneys to register a Claim in the Federal Claims Court by August 28, 2023.
If you are a potential claimant, you should act now by contacting one of the attorneys designated by the court. Those court appointed co-lead counsels can be found on this website below.
Disclaimer: Generalized impact area, please check with plaintiff attorneys for final confirmation of legal qualifications to file a claim before August 28, 2023.
Maps
Both Reservoirs
Addicks Reservoir
Barker Reservoir
The material and information contained on this website is for general information purposes only. The graphics contained on this website are generalized representations of the geographic impact area covered by the litigation described on this website and are presented for general information purposes only. You should not rely upon the material, information, or graphics on this website as a basis for determining your legal rights and whether you are qualified to file a claim in the litigation described on this website. Any reliance you place on the material, information, and graphics on this website is strictly at your own risk. Persons who believe they are eligible to file a claim or want to learn more about eligibility to file a claim in the litigation described on this website should contact one of the court-appointed attorneys identified in the “Find An Attorney” section of this website for final confirmation of legal qualifications to file a claim before August 28, 2023.
Local Government Litigation
Because the upstream takings litigation cannot stop the Corps from flooding the affected properties again, Fort Bend County, Fort Bend Drainage District and Cinco Municipal Utility District No. 1 sued USACE under the Administrative Procedure Act (APA) seeking (1) a permanent injunction to enjoin USACE from unconstitutionally impounding future floodwaters on private property and (2) a declaratory judgement declaring that the USACE’s Water Control Manual’s procedures were not compliant with regulations established by Congress, the Corps failed to revise the manual and acquire sufficient land within the reservoirs, and that USACE’s use of private land was illegal.
The US District Court initially dismissed the case with prejudice on March 2, 2021, finding that the court lacks jurisdiction.
This decision was appealed to the Fifth Circuit which overruled the lower court ruling and remanded it back to the US District Court for reconsideration.
A writeup of the status of this APA case is provided in a brief by lawyers for the local governmental entities below.
Media Coverage
Videos
Common Questions
Between August 25 and 29, 2017, the federal government stored massive amounts of stormwater from Tropical Storm Harvey in Addicks and Barker Reservoirs. As a result, both reservoirs reached historically high levels and flooded thousands of homes and businesses which were built within the reservoirs’ maximum “design pools.” This lawsuit asserts that the federal government cannot use private property to store federal floodwaters without providing compensation.
In October 2022, the U.S. Court of Claims issued a ruling awarding just compensation of $484,166.44 (plus interest) for six test property plaintiffs. The biggest awards went to the flood victims who suffered structure flooding and significant property damage during Harvey.
The awards (before interest) for the flooded test property homes reflect between 37% to 64% of the pre-flood home value. In terms of house size, those numbers yield between $98-134 per square foot of flooded space.
Because of the nature of the calculation, it may not be appropriate to apply these numbers directly to your home’s pre-flood value or lower-floor square footage. But these results should help understand the value in these cases—and what people stand to lose if they do not file claims.
These awards are subject to interest—which has been running since Harvey. According to the Court, interest started counting on the day of the flood and continues at a rate of 3.62% compounded semi-annually until the date of payment.
File a claim before August 28, 2023 at which time the statute of limitations expires. You can do this yourself or with an attorney. We highly recommend a discussion with one of the court appointed lead councils before you take action and to validate you are in the plaintiff class.
You must have a claim filed before August 28, 2023, or you could lose your ability to gain compensation as part of the litigation.
Restore Your Investment
If you believe you have cause to file a claim
Please contact one of the court-appointed co-lead counsels to discuss your circumstances. Time is running out and your window to act is closing.
900 Jackson Street, Suite 500
Dallas, Texas 75202
O (469) 904-4555
M (214) 681-8444
dcharest@burnscharest.com
O (469) 904-4557
M (214) 680-1668
lvincent@burnscharest.com
13121 Louetta Rd #1240
Cypress, TX 77429
O (281) 868-7456
ldunbar@dunbarlawtx.com
O (713) 936-9365
armi@easterbylaw.com
900 Jackson Street, Suite 500
Dallas, Texas 75202
O (713) 533-1704
addicksbarker@irvineconner.com
6363 Woodway Dr #400
Houston, TX 77057
O (800) 430-0906