Hurricane Harvey Property Damage Claims
Hurricane Harvey was unlike any other storm Houstonians have faced. Some of us were flooded by the torrential rains that come with a hurricane. Others were spared the effects of the storm only to be flooded by the intentional release of water from the Addicks and Barker dams.
Those flooded by the Harvey may pursue claims to FEMA, flood insurance and in some cases their property and casualty insurance providers. If your home or business first sustained flooding after the Addicks or Barker dams controlled releases at 2 a.m. on August 28, 2017, you also have a claim for inverse condemnation.
What is Inverse Condemnation?
An inverse condemnation occurs when the government takes private property for a public use without any formal process or condemnation proceeding. According to officials, the Addicks and Barker dams controlled releases were intentional, controlled water releases that were for a public use. Properties affected were inversely condemned.
Inverse condemnation doesn’t mean the government acted improperly or illegally. Affected owners may be able to maintain an inverse condemnation action just because the government chose to flood their homes for a valid public reason. When the government does damage to or takes private property for public use, it is legally required to pay just compensation to the property owner. In fact, if you own property damaged by the Addicks and Barker dams controlled releases, your best option (and for those without flood insurance, your only option) to repair or replace your property may be an inverse condemnation claim.
Inverse Condemnation is not Flood Insurance
Property owners do not need to have flood insurance to pursue an inverse condemnation claim. In fact, an inverse condemnation claim may be the only claim that an uninsured property owner has.
What Damages Can Be Recovered in an Inverse Condemnation Lawsuit?
A property owner affected by the Addicks and Barker dams controlled releases may be entitled to compensation for the costs to rebuild or repair the home or business. There may also be compensation for property damaged by chemical or toxic contamination related to the controlled dam releases.
Inverse Condemnation Lawyers
Property owners who suffered damage from the Addicks and Barker dams controlled releases following Hurricane Harvey need Perdue & Kidd’s experienced and aggressive legal representation. Contact us now and let us protect your legal rights.