Improper Takings

One of the segments on the Texas Standard today caught my ear,

TEXAS STANDARD – FORT BEND COUNTY SUES US ARMY CORPS OF ENGINEERS OVER HARVEY-RELATED FLOODING

[Fort Bend County Judge Robert Hebert] says the reservoir was built in such a way that overspill and flooding of private property was inevitable. “It should be quite obvious when the federal property ends at an elevation of 95 feet and the emergency spillway for the reservoir is at 107 feet, something’s wrong.”

Texas Standard

I’m not sure how the host of the show was confused by the math in that statement, but doing the math you come to the answer of twelve feet of water being stored on private property when the reservoir is at 100% capacity. This fact should have been evident in the original designs of the reservoir, as I’m sure the County Judge knows. The original construction documents would have these measurements on them.

Anyone buying property behind the dam would have been advised that their property was located in a flood plain, could be subject to flooding if the reservoir was filled to capacity. There are many homes located in floodplains like this everywhere across Texas at least. Probably across the US if not the entire world. If this fact wasn’t disclosed to prospective buyers before they signed contracts, then there is quite a bit of liability there to go around. Not just the corps of engineers, but the county, the developers, the mortgage lenders, the realtors who sold the property, etc. I suspect that there are going to be a lot of lawsuits filed over this in the coming months. At least 3100 of them, possibly a multiple of that number depending on how wealthy the landowners are, and how many governmental bodies had jurisdiction over the property being sold.

I think the county is trying to avoid being sued themselves, that’s how I read this. It’s hard to get a lawsuit to stick against a county when that county is already engaged in a lawsuit against the governmental body, the Army Corps of Engineers, that is responsible for constructing a reservoir that was designed to store twelve feet of water on private land in the first place. Proving the county knew this fact beforehand should be a simple matter of discovery. So I’m not sure how well this defensive action will work, but I wish the county luck.

This entire mess is proof positive that you should take the time to read your contracts before signing them. Have an attorney read them over for you, at the very least. It blows my mind the number of people who just sign contracts without understanding the liability they are assuming in putting their signature on a document that they haven’t read. 

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