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Hurricane Harvey Will Test The Public Necessity Doctrine

Law360, New York (September 29, 2017, 4:55 PM EDT) -- When governments damage private property for the safety and well-being of the community at large during an emergency or natural disaster, are landowners entitled to compensation?

Thankfully, this is a question that does not arise too often, but it will likely be posed to Texas and federal courts given the flurry of litigation in the wake of Hurricane Harvey. Courts across the country that have grappled with this difficult question have found that in cases of “imminent danger and an actual emergency” the government is excused...
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