Hurricane Harvey flooding affected Texas property owners (i) with sufficient flood insurance to cover the loss, (ii) with insufficient flood insurance to cover the loss, and (iii) without flood insurance. This three-part series discusses the differences in property ownership rights and two separate avenues to recovery. Continue Reading Hurricane Harvey FEMA Claims vs. Inverse Condemnation Claims: Do You Know Your Recovery Rights? (Part III)

Hurricane Harvey flooding impacted Texas property owners (i) with sufficient flood insurance to cover the loss, (ii) with insufficient flood insurance to cover the loss, and (iii) without flood insurance. This three-part series outlines the differences in the rights of these property owners and the different avenues to recovery. My previous post was Hurricane Harvey FEMA Claims vs. Inverse Condemnation Claims: Do You Know Your Recovery Rights? (Part I), where I discussed one avenue of recovery for property owners with flood insurance under the National Flood Insurance Act of 1968. This post focuses on a wholly separate recovery avenue for property owners with or without flood insurance under the Takings Clause of the Fifth Amendment to the United States Constitution. Continue Reading Hurricane Harvey FEMA Claims vs. Inverse Condemnation Claims: Do You Know Your Recovery Rights? (Part II)

The Hurricane Harvey floods in Texas impacted property owners (i) with sufficient flood insurance to cover the loss, (ii) with insufficient flood insurance to cover the loss, and (iii) without flood insurance all together. The different avenues of recovery and the rights of the different property owners are important issues to understand. Continue Reading Hurricane Harvey FEMA Claims vs. Inverse Condemnation Claims: Do You Know Your Recovery Rights? (Part I)