Inverse Condemnation vs. Eminent Domain - While most people are at least somewhat familiar with the concept of eminent domain, fewer are familiar with inverse condemnation. Eminent domain refers to the power of the government to force the sale or take private property for public use. In an eminent domain situation, the government is required to pay...
Controlled Release of Water from the Addicks/Barker Reservoirs and Lake Conroe - The wrath of Hurricane Harvey was felt across the city of Houston and beyond in late August. While Hurricane Harvey would certainly fall under the “Acts of God” category, city officials took specific actions during the hurricane which many residents in the areas believed to be unnecessary governmental acts—actions which flooded previously un-flooded homes with swirling, muddy waters.
Because officials hoped to avoid a spillover at the reservoirs once they reached peak capacity, the Army Corp of Engineers made the decision to begin a “controlled release” of water out of the Addicks and Barker reservoirs back into the Buffalo Bayou. Unfortunately, this decision to release 4,000 cubic feet per second from each reservoir over a 6-10-hour period, resulted in the flooding of the surrounding neighborhoods—homes which had thus far escaped flooding from Hurricane Harvey.
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