Inverse Condemnation

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On August 28th, 2017, after Hurricane Harvey had released most of its rainfall, the Army Corps of Engineers decided to release water from the Addicks and Barker Reservoirs. The release of millions of gallons of water into  Buffalo Bayou was done to protect various parts of Houston at the expense of west Houston homes and businesses. Further, the Army Corps designed the Reservoirs in a way that would cause catastrophic flood damage to neighborhoods like Canyon Gate and many other developed areas located upstream of the reservoirs.

Similarly, on August 29th, 2017, thousands of downstream neighborhoods and businesses were flooded by a “controlled release” of water from Lake Conroe by the San Jacinto River Authority. Thousands of properties were flooded and destroyed after escaping the flooding of Hurricane Harvey itself.

Government-initiated flooding like those experienced during the Hurricane Harvey reservoir release can establish grounds for an inverse condemnation or property takings lawsuit.

The Potts Law Firm, headquartered in Houston, Texas, experienced the disasters caused by Hurricane Harvey first-hand. National managing partner and founder, Derek H. Potts, stated in the events surrounding Hurricane Harvey:

“In the devastating aftermath of the flooding, The Potts Law Firm stands ready to support our clients, our employees, and our community at this most challenging time. This case is particularly important to us since it directly impacted so many friends, neighbors, and family members.”

Derek H. Potts has been appointed co-lead counsel for downstream claims following the release of water from the Barker and Addick’s Reservoir. We are passionately representing those whose properties were destroyed by the release of water from the Addicks and Barker Reservoirs and those whose properties were destroyed by the release of water from Lake Conroe.

If you experienced property loss to a business or home due to the release of water from the Addicks and Barker Reservoirs or Lake Conroe, you may be able to recover all damages incurred to your property by filing your inverse condemnation case with The Potts Law Firm. Contact us today for your free consultation with one of our undefeated Hurricane Harvey inverse condemnation lawyers.

Common Recoverable Damages
  • Business interruption
  • Business repair and rebuild expenses
  • Home repairs and rebuild expenses
  • Commercial property loss
  • Personal property loss
  • Vehicle loss
  • Additional living expenses

 

Frequently Asked Questions
What is The Potts Law Firm’s role in the Hurricane Harvey inverse condemnation litigation?

The court has appointed The Potts Law Firm national partner, Derek H. Potts, as co-lead counsel on behalf of all downstream Addicks and Barker Reservoir release cases. The Potts Law Firm is fervently representing those effected by the Addicks and Barker Reservoir releases, as well as those affected by the release of water from Lake Conroe.

What can I recover from my Hurricane Harvey inverse condemnation case?

Hurricane Harvey inverse condemnation recoveries may compensate you for the cost to repair your property, the cost to replace your building’s contents damaged by flooding, and any diminished value caused to your home or business. For those affected by the Addicks and Barker Reservoir releases, attorneys’ fees may also be recovered.

What is the fee for my Hurricane Harvey inverse condemnation case?

The Potts Law Firm works on a contingency fee basis for inverse condemnation cases. This means you will owe nothing for attorney fees or expenses unless we win your case.

I was affected by the release of water from a reservoir during Hurricane Harvey. Who would my claim be against?
If you are in west Houston and were affected by water stored in or released from the Addicks or Barker Reservoirs, you may have an inverse condemnation case against the Army Corps. of Engineers. If you live along the west fork of the San Jacinto river and were affected by the release of water from Lake Conroe, you may have an inverse condemnation case against the San Jacinto River Authority. Contact our Firm to have your case reviewed during your free consultation.
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