Gov't Off Hook For Hurricane Harvey Dam Release Flooding

Law360 (February 19, 2020, 6:07 PM EST) -- Houston residents whose homes were flooded after emergency dam releases during Hurricane Harvey cannot seek compensation from the federal government because flood control measures aren't guaranteed to always work, a federal judge has found in a ruling that could scuttle thousands of similar takings claims.

In a Tuesday order, Federal Claims Judge Loren A. Smith found a batch of test cases for properties downstream of the Addicks and Barker reservoirs couldn't establish that the release of water by the Army Corps of Engineers during a once-in-2,000-years storm amounted to a taking of property because Harvey was the "sole and proximate cause"...

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