HOUSTON (CN) — Nearly five years after Hurricane Harvey inundated Houston, a trial started Tuesday to determine how much the government must pay homeowners for flood damage caused by the Army Corps of Engineers’ operation of two dams during the storm.
U.S. Court of Federal Claims Judge Charles Lettow ruled in December 2019 the Corps of Engineers is liable to homeowners who live upstream of the Addicks and Barker dams for flooding precipitated by Harvey’s record-breaking deluge in August 2017.
Lettow found the government liable under the Fifth Amendment for taking a flowage easement on 13 properties that served as bellwether, or test, cases for the thousands of residents who sued after Harvey runoff backed up behind the dams and flooded their homes.
The Corps built the two earthen dams 20 miles west of downtown in the 1940s to control Buffalo Bayou, which cuts through the center of the city and empties into the Houston Ship Channel, after storms in the 1920s and 1930s caused millions of dollars of flood damage to buildings in downtown Houston and eight people died.
As Houston’s population boomed over the years, developers built subdivisions over the cow pastures and rice fields upstream of the dams. By 2017, the area seemed like any other Houston suburb with the dams hidden in plain sight. The reservoirs are usually empty as the Corps only holds water in them from heavy rains and within them are several parks and sports fields.
Lettow determined the Army Corps of Engineers had not adequately warned residents the reservoir pools could exceed government-owned land in extreme storms.
For the damages phase, Lettow selected six properties — five single-family homes and a condominium — as bellwethers to hash out how much damages each litigant should get.
Plaintiffs’ lead counsel Daniel Charest, partner in the Dallas firm Burns Charest, said they are seeking 80 to 100% of the properties’ appraised value before Harvey. “So if your house was worth $500,000 before, we say the taking was 80% to 100% of that value,” he said.
The government could potentially be saddled with flowage easement payments running into the billions, which would grant it the right to temporarily store water on private property within the Barker and Addicks reservoirs.
“If you look at the Corps’ own estimates, it values the easement at $4 to $6 billion for the upstream area,” Charest said Tuesday during a break in the proceedings.
The plaintiffs’ first witness was Elizabeth Burnham. She testified she moved into a home in the area in December 2014 with her daughter and son, choosing it because it was affordable, close to her workplace and zoned for Katy Independent School District, whose schools are known as some of the best in Greater Houston.
Burnham moved in thinking it would be her “forever home,” she said on the witness stand.
But after the dam-induced flooding from Harvey submerged the residence for seven days, she tore out its sheetrock and insulation. And she moved into a hotel, then an apartment, with aid from the Federal Emergency Management Agency.
But she decided to sell the home as is for $80,000, $105,000 less than its appraised value prior to Harvey. “I didn’t have funds to put it in a habitable condition. And it wasn’t safe. It had been broken into several times,” she testified.
Though she did buy a new home in February 2018, it was not zoned for Katy ISD.
“My daughter was a junior in high school. She had to change schools and be ripped away from her friends,” Burnham testified.
All told, Burnham said, the Corps’ decision to let water back up behind the dams instead of quickly releasing it downstream left her without a permanent residence for more than seven months.