Inverse Condemnation

Hurricane Harvey impacted much of Houston, and the area is still reeling from the aftermath of this devastating storm. On the morning of Aug. 28, 2017, local government officials elected to execute a “controlled release” of the Addicks and Barker reservoirs which, according to officials, was necessary to protect the integrity of the dams from catastrophic damage as well as to preserve storage capacity in case additional water was introduced.


What does Inverse Condemnation mean for you?

When private property is damaged or taken for public use by the government, then the property owner needs to be compensated for the loss. This is known as inverse condemnation, per the 5th Amendment of the Constitution. If the Addicks and Barker dam releases damaged your home, you may be entitled to compensation for the costs to rebuild or repair your home or business.

There is evidence that the government may have known that there was a high risk of flooding to certain properties. And as a result, the government may be held liable for your property’s damages in an inverse condemnation case.


Do I need flood insurance in order to be eligible?

In order to maintain an inverse condemnation claim, a property owner does not need to have flood insurance. Property owners without flood insurance may only have one course of action which is to pursue an inverse condemnation action. 

We have attorneys skilled in this complex area of the law. Call Merlin Law Group if you feel that you are a victim of inverse condemnation.


Before Filing a Lawsuit

It is very important to file flood proofs of loss properly, especially before filing a lawsuit. If you experience delayed, denied or underpaid issues with your insurance company regarding your flood insurance claim, call the Merlin Law Group to help.

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