In a massive win for Houston residents, a federal court recently ruled that the U.S. Army Corps of Engineers violated the rights of property owners downstream of the Addicks and Barker reservoirs. This decision comes nearly nine years after Hurricane Harvey devastated the region.
The court found that the government’s choice to release water from the reservoirs was a “taking” of private property under the Fifth Amendment. This means the government used private land to store or move floodwater without paying the owners for that use. For years, families and business owners have waited to hear if the law would hold the government accountable. This ruling does exactly that.
Key Facts from the Court’s Decision
- The court issued a 48-page opinion siding with the plaintiffs.
- The judge ruled that the government committed both a temporary and permanent taking of land.
- The ruling follows a similar victory for “Upstream” owners that was upheld in December 2025.
What This Ruling Means for You
For a long time, the government argued that the flooding was an unavoidable natural disaster. However, Williams Hart & Boundas, LLP and Easterby Law argued that the government knew its flood-control plan would sacrifice downstream neighborhoods to save the dams.
The court agreed that the government’s actions were not just an accident of nature. Because the government planned for years to use this land for flood control rather than building better systems, they must now pay for the consequences.
Why this matters now
- Liability is decided: The court has already decided the government is responsible. We no longer have to prove who is at fault.
- The focus shifts to money: The case now enters the “damages phase.” This is where the court decides how much money the government owes each property owner.
- A clear path forward: This ruling removes the biggest legal roadblocks that have been preventing people from getting paid.
Lawyers involved in the case noted that this judgment proves the government knew it was sacrificing private land. It validates the struggle that thousands of Houstonians have faced since 2017.
Moving Into the Damages Phase
Now that the court has found the government liable, the next step is determining the value of what was lost. This phase will likely involve hundreds of millions of dollars in total compensation.
The court will examine the specific harm to homes and businesses. This includes the loss of property value and the costs of repairs. Our legal team is currently reviewing the judge’s full opinion to prepare the best possible strategy for the upcoming hearings.
What to expect next
- Appraisals and Evidence: We will look at the specific financial impact on our clients.
- Court Hearings: The judge will set a schedule to hear arguments about the total dollar amounts.
- Final Judgments: Once the court decides on the damages, the government will be required to pay the owners.
The legal team at Williams Hart & Boundas, LLP and Easterby Law has worked on this case for years. We represent people both upstream and downstream of the reservoirs. We remain committed to making sure every client receives the full amount they deserve for the damage to their property and their lives.
Take Action on Your Claim
If your property was flooded downstream of the Addicks and Barker reservoirs during Hurricane Harvey, this ruling is the news you have been waiting for. You do not have to handle the government’s legal teams on your own. We are ready to help you move through this next phase and fight for your compensation.
Contact Williams Hart & Boundas, LLP today to discuss your case and learn how this ruling affects your recovery. Fill out our online contact form or call us at (713) 230-2200.