It has been reported that 80% of the victims of Hurricane Harvey do not have flood insurance. Furthermore, Government purposely flooded certain neighborhoods to save other neighborhoods, e.g., downtown Houston. It has been reported that well over 100,000 homes have been destroyed, along with over 1-million automobiles, and, a massive amount of personal property.
Those with flood insurance may be able to recover quicker and put their lives back together. But, the majority of the victims of Hurricane Harvey may suffer and struggle much longer; many of whom were also victims of Government making decisions to flood certain neighborhoods to save other property. Unfortunately, Government does have the right to do this under the legal concept of Eminent Domain and the police powers of the State. However, when Government takes property, they MUST pay “just compensation” under the law.
President Trump and Congress can make all the victims of Hurricane Harvey whole again, by paying “just compensation” for the taking of private property.
If our elected politicians do not fix this problem, hopefully legal-aid organizations like the Institute for Justice and the American Center for Law and Justice will step-in and help.
Dum spiro, spero---While I breathe I hope.
Robert G. Beard Jr., C.P.A., C.G.M.A., J.D., LL.M.
PS: I would refer any interested Attorney and all victims of government regulation of private property to read Law Professor Richard A. Epstein’s book, Takings, Private Property and the Power of Eminent Domain, which was published in 1985.