Hurricane Harvey caused incredible amounts of damage for the Houston area, and thousands have found themselves dealing with the after effects of the storm. Many homes were damaged when the Addicks and Baker dams were released early in the morning of August 28th. The dams were released to protect the integrity of the dams and to prevent the uncontrolled release of water that would occur if the dams were to fail. Unfortunately for many home and business owners, the dam releases caused even more flooding, destroying many properties.
Contact our Houston property damage attorneys at Farah Law to find out how you can get help.
If your home or business was damaged in flooding from the Addicks or Baker dam release, you should know about a specific area of the law known as “inverse condemnation.” This term refers to any circumstance in which the government takes or damages privately owned property for public use without any formal process of condemnation hearing. If a property owner can demonstrate that intentional actions taken by the government caused their property to be seized, destroyed, or damaged for public use or benefit, it may be possible to file a claim to recover compensation.
Inverse condemnation doesn’t mean that the government acted illegally or that negligence caused the damage to your property. Inverse condemnation actually means that the purposeful release of the dams, which caused flooding and damaged many properties, was for a valid reason and benefitted the public. However, the government is required to compensate homeowners and business owners fairly for their damaged property, even if the damage was caused by legal use.
Typically, when the government needs to take control of land for a public purpose, such as building a highway or installing utility lines, there will be a specific set of proceedings to take the land and compensate the owner for the land. When the owner isn’t compensated before the property is seized, damaged, or destroyed, an inverse condemnation action will be filed to recover the compensation that is owed.
You may be struggling with repairs after Hurricane Harvey, especially if your flood insurance claim was denied or you didn’t have a flood insurance policy. An inverse condemnation action is not flood insurance, however. This type of legal action doesn’t rely on your insurance policies. If you do not have flood insurance, an inverse condemnation action may be your best chance of receiving compensation after the Addicks and Baker dam releases.
If your home or business was damaged in the flooding caused by the Addicks and Baker dams, you may be able to recover compensation for your property damage. You may be entitled to the cost to rebuild or repair your business or home. If you or your property was exposed to toxic contamination or chemical explosions due to the dam releases, you may be able to recover further damages. A Houston attorney who is experienced with inverse condemnation claims can help you take action and recover the compensation you are owed.
Your home or business is important, even among the thousands of claims that are the result of Hurricane Harvey’s devastation. At Farah Law, we understand that, and we are committed to helping property owners recover the compensation they deserve after losing their homes and businesses. Our team of Houston inverse condemnation attorneys are prepared to help you file an action to help you protect your property and rebuild after the storm.
Contact our offices today for a free consultation or to learn more about how Farah Law can help.