A federal appeals court recently ruled that the government is responsible for flooding damages to homes near the Addicks and Barker dams, which happened during Hurricane Harvey in 2017. This storm brought over 50 inches of rain to the Houston area, causing extensive flooding.
The three-judge panel from the U.S. Court of Appeals for the Federal Circuit unanimously agreed that the government was aware, or should have been, that these dams might not adequately protect surrounding neighborhoods. Homeowners argued that the dams were designed to protect downtown Houston at the expense of upstream areas. Many weren’t aware their homes were built in federally recognized flood zones.
Approximately 14,000 homes were in the reservoir zone during the hurricane. Reports show that more than a third of these homes experienced flooding. Daniel Charest, a lawyer representing the affected homeowners, highlighted that this ruling validates the claim that property owners deserve compensation when their land is under government flowage easements.
Governor Greg Abbott expressed optimism about potential relief for homeowners. He noted that although there might be additional legal steps to take, a resolution is now more attainable.
This case sheds light on the greater issues of governmental responsibility in natural disasters, especially as climate change increases the intensity of storms. A study from the National Oceanic and Atmospheric Administration underscores that heavy rainfall events are becoming more common. Homeowners in flood-prone areas may need more awareness of their risks and rights concerning government infrastructure.
For further insights into historical flooding patterns and governmental liability, see more from the Texas Tribune and the U.S. Geological Survey.
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Greg Abbott,Houston,Hurricane Harvey
