Inverse Condemnation

September 28, 2017

Inverse Condemnation

Do you live along Buffalo Bayou? Was your home flooded as a result of the controlled release of water from Addicks or Barker Reservoirs? We may be able to help!


Many home and business owners along Buffalo Bayou flooded during and after Hurricane Harvey, but not because of the historic rainfall. Instead, the Army Corp of Engineers made intentional, controlled releases of water from the Addicks and Barker reservoirs, sacrificing the homes and businesses downstream from Buffalo Bayou in order to save other property. If this happened to your home or business, you may have an inverse condemnation claim and may be entitled to fair compensation for your property damages.

What is inverse condemnation?

“Inverse condemnation” is a legal term used to describe when a government entity takes or damages private property but fails to compensate the property owner for the loss of or damage to their property.  The government’s obligation to fairly compensate you for taking or damaging your property originates in Fifth Amendment of the U.S. Constitution which states, “Nor shall private property be taken for public use, without just compensation.”

How do I know if I have a valid inverse condemnation claim?

The experienced attorneys at Mostyn Law can help walk you through it.  But the bottom line is, if you own a home or business downstream from Buffalo Bayou, your home or business was dry and not flooded during Hurricane Harvey’s heavy rain Sunday, August 27 and only flooded on Monday, August 28 after the decision was made to release water from the Addicks or Barker reservoirs, you may be entitled to compensation for the damages to your private property.  For a free case evaluation of your potential inverse condemnation claim, please call our office or fill out our case evaluation form below, and an attorney will call you to discuss your damages and legal rights.

As attorneys representing home and business owners, we have seen the damage, devastation, and disruptions that hurricanes and storms can cause. We have represented thousands of clients against insurance companies that have tried to avoid and delay payment for legitimate losses our clients have incurred.
Do you have property damage related to Hurricane Harvey? We focus on representing the policyholder and making sure you are treated fairly. Contact us today to discuss your claim or if you have any questions. Please use our Free Case Evaluation Form below or call us at 713-714-0000.
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