Court Decision on Dam-Related Flooding
A federal appeals court has determined that the government bears responsibility for property damage caused by flooding upstream of the Addicks and Barker dams following Hurricane Harvey's impact in 2017.
Earlier this week, a three-judge panel from the U.S. Court of Appeals for the Federal Circuit issued a unanimous ruling stating authorities "was aware or should have been aware" that the dams provided insufficient protection to adjacent communities.
Homeowners involved in the legal action argued that the dams were constructed primarily to safeguard Houston's downtown area downstream, "even at the cost of flooding private lands." Many residents were unaware their properties were situated within federally managed flood control reservoirs that reached unprecedented levels during the storm.
Approximately 14,000 homes were located within the reservoir boundaries when Harvey struck as a Category 4 hurricane near Rockport before lingering over the Houston region and producing historic rainfall. More than one-third of these residences experienced flooding.
Daniel Charest, a legal representative for the plaintiffs, commented on the ruling's significance. "This ruling reinforces that every property owner whose land is subject to the government’s flowage easement deserves compensation for that permanent burden on their property rights," Charest stated in a news release.
The government now faces options to appeal the decision either to the full Federal Circuit or directly to the U.S. Supreme Court.
Texas Governor Greg Abbott responded to the development on social media, noting, "There are a few more legal hoops to jump through but relief is now closer than ever."
