Lawsuits Allege Government Liable Under US Constitution for Damage Caused by Controlled Water Releases During Hurricane Harvey
Texas plaintiffs firms have begun filing lawsuits on behalf of clients who live in Houston neighborhoods that flooded when the Army Corps of Engineers authorized controlled water releases from two reservoirs in the wake of Hurricane Harvey. The suits allege that the intentional flooding was an unlawful government taking of property, violating the Fifth Amendment to the U.S. Constitution.
September 14, 2017 at 06:00 PM
12 minute read
Texas plaintiffs firms have begun filing lawsuits on behalf of clients who live in Houston neighborhoods that flooded when the Army Corps of Engineers authorized controlled water releases from two reservoirs in the wake of Hurricane Harvey. The suits allege that the intentional flooding was an unlawful government taking of property.
An estimated 4,000 Houston homes flooded after the controlled release of water from the Addicks and Barker reservoirs in the early morning hours of Aug. 28, after the Houston area had already been pelted by Harvey rain for two days. In suits filed over the last few days, including a number of class actions, the plaintiffs seek compensation for the unlawful taking of their property in violation of the Fifth Amendment to the U.S. Constitution.
“It's totally property damage. It's totally a takings case under the Fifth Amendment,” said George Fleming, whose Houston firm, Fleming, Nolen & Jez, filed a class action complaint against the federal government and the Corps of Engineers on Sept. 12 in the U.S. Court of Federal Claims.
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