A federal appeals court has determined that the government is responsible for damages to homes that were flooded upstream of the Addicks and Barker dams following Hurricane Harvey, which brought over 50 inches of rain to the Houston area in 2017.
A unanimous ruling by a three-judge panel from the U.S. Court of Appeals for the Federal Circuit stated that the government “was aware or should have been aware” that the dams did not provide adequate protection to surrounding communities.
Homeowners filed a lawsuit claiming that the dams were designed primarily to shield Houston’s downtown area downstream, “even at the cost of flooding private lands.” Many residents were unaware that their homes were situated within federally managed flood control reservoirs that experienced unprecedented flooding after Harvey.
It is estimated that approximately 14,000 homes were located within the reservoir when Hurricane Harvey made landfall in Rockport as a Category 4 storm, subsequently stalling over Houston and releasing record rainfall. Over one-third of these homes experienced flooding.
Houston Public Media was the first to report on the recent ruling. Daniel Charest, a partner at the law firm Burns Charest, which represents the plaintiffs, expressed optimism about the decision’s potential to bolster other claims against the government. “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 the option of appealing the decision to the full Federal Circuit or directly to the U.S. Supreme Court.
Governor Greg Abbott remarked on X, “There are a few more legal hoops to jump through but relief is now closer than ever.”
