The Addicks Reservoir and Barker Cypress Reservoir that protect much of West Houston from flooding are controlled by the US Army Corps of Engineers.
To protect the City as a whole, the Army Corps began a process of controlled, high-volume releases of water from the reservoirs. The volume of water released made the flooding of hundreds of properties along Houston’s bayous inevitable, resulting in millions of dollars in damages to property owners.
The Army Corps is a subdivision of the federal government and enjoys broad sovereign immunity. Additionally, the federal Takings Clause of the Fifth Amendment to the US Constitution does not offer as broad a protection for private property rights as the Texas Constitution. Specifically, Texas requires compensation for the damaging of property even if it is not taken; the Federal Constitution only requires compensation in the event of a taking.
In response to contacts by numerous landowners affected by the Army Corps’s release of flood waters, McFarland PLLC is investigating a path to potential compensation for the damages suffered by affected landowners. If you are a landowner who has experienced flooding, please contact us through our website contact page, and we will keep you updated on the status of this matter and the viability of a potential representation. In the meantime, please follow all claim protocols for flood damage from your insurance company and the Federal Emergency Management Agency’s (FEMA) National Flood Insurance Program (NFIP).
If you have further questions regarding this process or a possible claim, please contact one of our attorneys. Call: 713. 325. 9700