Hurricane Cases - Q4 2022 Update
As you may recall, The Court looked at this case from two perspectives, claims made from property owners "upstream" from the dam, and properties what were located "downstream" from the dam. The reason was that the level of duty and liability could be different on properties above and below the dam. The government has always maintained that they do not owe any property for damages, whether they were above or below the dam. The Judge presiding over the Downstream cases in the US Court Of Federal Claims eventually dismissed all downstream cases, and that Judgment was appealed. The dismissal was reversed by the appellate courts last year, and those cases were reinstated to the trial court, where they still remain. Meantime, in May of 2019, a trial commenced in Houston for the upstream cases on the issue of liability. From May 31 through June 10, 2022, a trial was held on 6 Bellwether/test properties on the issue of the amount of just compensation for the upstream cases. That trial focused on the flowage easement’s scope based on Corps policies and meteorological circumstances, the test properties’ values, plaintiffs’ personal property losses, an appropriate interest award, and whether the just compensation award should be reduced to reflect federal benefits plaintiffs received (FEMA benefits).
Real estate appraisers determined a subject property’s value by determining its best use and analyzing its characteristics and aspects of the relevant market. Specifically, the before and after property’s market value was used and the attached Opinion and Order explains that process in great detail. Two experts estimated the before-taking and after-taking values of the test properties for the plaintiffs, and a third estimated the diminution percentage. The government’s experts conducted direct sales comparison to determine after-taking property values based on its view that the market's awareness of the flood risk is sufficient notice of the flowage easement to render post-Harvey sales comparable. It’s valuation criteria included a before value number, a diminution in value after the storm, the damage values, diminution of value after any repairs were made, and the total value of the property after repairs were made.
Plaintiffs has also requested compensation for personal property damages and, in general, calculated this amount by multiplying each item’s replacement cost by a depreciation rate that accounts for how age affects the item’s value over time. Personal property losses, landscaping losses, and displacement costs were other issues of contention. Finally, the Court allowed interest for the delay between the date of the taking and the date of compensation an interest rate of 3.62%. There is an offset taken for FEMA Benefits received by the Plaintiffs for hotel housing, for home repairs, critical needs (i.e., life-sustaining items including food, first aid, and hygiene items),and personal property assistance for repairs or replacement. The Court found that Plaintiffs were entitled for just compensation for their real and personal property (personal property includes fixtures, and improvements damaged or destroyed by the flood). The property owner “must show actual damages with reasonable certainty, which requires ‘more than a guess, but less than absolute exactness.
Again, the Opinion & Order is attached for your review. Further, this Opinion and Order technically only applies to the Upstream cases, but it is clear that if and when the Court determines that the Downstream cases are entitled to compensation the same formula will be used.
Now that we know that the Court has ruled that upstream cases are entitled to compensation, and how it is to be calculated, there are some things that we need you to do to help prepare for the settlement negotiations on your case. If you have had an appraisal prior to the Hurricane, please get those to us. If you had an appraisal after the Hurricane that shows the amount of damage and/or loss of value, please get that to us. If you have made any improvements to your property that may not be shown on any prior appraisal, please get an itemized list of those improvements with back up to us. If you have personal property losses of any kind (cars, household items, landscaping, etc.) please get receipts for those items to us. And last, if you received any money from FEMA, please provide that documentation to us.
We are also cautiously optimistic that the Court will review and consider the downstream cases in the same manner, although that issue has not been fully tested with a trial yet. Nonetheless, if you are downstream property owner, we would encourage you to obtain this same information so that we are prepared if and when we get to that stage of the litigation. As a last caveat, while this is the determination of the Court on the first test cases, there may be an appeal of these issues which could alter the future course of disposition.
Real estate appraisers determined a subject property’s value by determining its best use and analyzing its characteristics and aspects of the relevant market. Specifically, the before and after property’s market value was used and the attached Opinion and Order explains that process in great detail. Two experts estimated the before-taking and after-taking values of the test properties for the plaintiffs, and a third estimated the diminution percentage. The government’s experts conducted direct sales comparison to determine after-taking property values based on its view that the market's awareness of the flood risk is sufficient notice of the flowage easement to render post-Harvey sales comparable. It’s valuation criteria included a before value number, a diminution in value after the storm, the damage values, diminution of value after any repairs were made, and the total value of the property after repairs were made.
Plaintiffs has also requested compensation for personal property damages and, in general, calculated this amount by multiplying each item’s replacement cost by a depreciation rate that accounts for how age affects the item’s value over time. Personal property losses, landscaping losses, and displacement costs were other issues of contention. Finally, the Court allowed interest for the delay between the date of the taking and the date of compensation an interest rate of 3.62%. There is an offset taken for FEMA Benefits received by the Plaintiffs for hotel housing, for home repairs, critical needs (i.e., life-sustaining items including food, first aid, and hygiene items),and personal property assistance for repairs or replacement. The Court found that Plaintiffs were entitled for just compensation for their real and personal property (personal property includes fixtures, and improvements damaged or destroyed by the flood). The property owner “must show actual damages with reasonable certainty, which requires ‘more than a guess, but less than absolute exactness.
Again, the Opinion & Order is attached for your review. Further, this Opinion and Order technically only applies to the Upstream cases, but it is clear that if and when the Court determines that the Downstream cases are entitled to compensation the same formula will be used.
Now that we know that the Court has ruled that upstream cases are entitled to compensation, and how it is to be calculated, there are some things that we need you to do to help prepare for the settlement negotiations on your case. If you have had an appraisal prior to the Hurricane, please get those to us. If you had an appraisal after the Hurricane that shows the amount of damage and/or loss of value, please get that to us. If you have made any improvements to your property that may not be shown on any prior appraisal, please get an itemized list of those improvements with back up to us. If you have personal property losses of any kind (cars, household items, landscaping, etc.) please get receipts for those items to us. And last, if you received any money from FEMA, please provide that documentation to us.
We are also cautiously optimistic that the Court will review and consider the downstream cases in the same manner, although that issue has not been fully tested with a trial yet. Nonetheless, if you are downstream property owner, we would encourage you to obtain this same information so that we are prepared if and when we get to that stage of the litigation. As a last caveat, while this is the determination of the Court on the first test cases, there may be an appeal of these issues which could alter the future course of disposition.
Hurricane Cases - Q1 2022 Update
The Judge presiding over the Downstream cases in the US Court of Federal Claims dismissed all downstream cases and that Judgment has been appealed. Oral arguments were on January 12, 2022, at the United States Court of Appeals for the Federal Circuit at the Howard T. Markey National Courts Building in Washington DC. A panel of three judges heard the arguments and a ruling can be expected in three to six months.
The Upstream cases continue through the litigation process and are being prepared for a trial on the issue of what would be “just compensation” damages. Brent Coon & Associates does not know when any of our cases might receive designation for individual case discovery or be set for trial. Again, this, like all other mass tort litigation, is a long process because of the sheer number of claimants. As always, your patience is appreciated and questions regarding this litigation are welcome.
Hurricanes Florence:
We have also been able to successfully resolve almost all of the Hurricane Florence cases.
Hurricanes Laura and Hurricane Delta Claims
Brent Coon & Associates is currently accepting and handling Hurricane Laura and Hurricane Delta claims.
You and your family have survived Hurricane Laura, the strongest hurricane on record to make landfall in Louisiana since the Great Storm of 1856, followed by Hurricane Delta on Laura’s heels, and now faced with devastating property damage left in Laura’s and Delta’s aftermath. ‘GEAUX’ WITH THE WINNER! Brent Coon & Associates will seek maximum recovery from your insurance company for your Hurricane Laura and Hurricane Delta property damage claims.
The Upstream cases continue through the litigation process and are being prepared for a trial on the issue of what would be “just compensation” damages. Brent Coon & Associates does not know when any of our cases might receive designation for individual case discovery or be set for trial. Again, this, like all other mass tort litigation, is a long process because of the sheer number of claimants. As always, your patience is appreciated and questions regarding this litigation are welcome.
Hurricanes Florence:
We have also been able to successfully resolve almost all of the Hurricane Florence cases.
Hurricanes Laura and Hurricane Delta Claims
Brent Coon & Associates is currently accepting and handling Hurricane Laura and Hurricane Delta claims.
You and your family have survived Hurricane Laura, the strongest hurricane on record to make landfall in Louisiana since the Great Storm of 1856, followed by Hurricane Delta on Laura’s heels, and now faced with devastating property damage left in Laura’s and Delta’s aftermath. ‘GEAUX’ WITH THE WINNER! Brent Coon & Associates will seek maximum recovery from your insurance company for your Hurricane Laura and Hurricane Delta property damage claims.
- Brent Coon & Associates handled thousands of hurricane damage claims nationwide for over 30 years.
- Brent Coon & Associates handled tens of thousands of BP oil spill cases with 99% successful settlement rate.
- Brent Coon & Associates has structural engineers on standby.
- Brent Coon & Associates has public adjusters and appraisers on standby.
- Brent Coon & AssociatesS has contractors on standby.
- Plus, we can do all the work with minimal need for face-to-face meetings with our state-of-the-art electronic technology for client convenience 24/7.
Q4 2021 Update
Hurricane Harvey - Addicks and Barker Reservoir Cases
The Judge presiding over the Downstream cases in the US Court of Federal Claims dismissed all downstream cases, and that Judgment has been appealed. It may take some time to find out if those cases will be reinstated.
The Upstream cases continue through the litigation process. Brent Coon & Associates does not know when any of our cases might receive designation for individual case discovery or be set for trial. Again, this like all other mass tort litigation is a long process because of the sheer number of claimants. As always, your patience is appreciated and questions regarding this litigation are welcome.
Hurricanes Florence:
We have also been able to successfully resolve almost all of the Hurricane Florence cases.
Hurricanes Laura and Hurricane Delta Claims
Brent Coon & Associates is currently accepting and handling Hurricane Laura and Hurricane Delta claims.
You and your family have survived Hurricane Laura, the strongest hurricane on record to make landfall in Louisiana since the Great Storm of 1856, followed by Hurricane Delta on Laura’s heels, and now faced with devastating property damage left in Laura’s and Delta’s aftermath. ‘GEAUX’ WITH THE WINNER! Brent Coon & Associates will seek maximum recovery from your insurance company for your Hurricane Laura and Hurricane Delta property damage claims.
We are Louisiana and Texas licensed lawyers. A team to be proud of!
The Judge presiding over the Downstream cases in the US Court of Federal Claims dismissed all downstream cases, and that Judgment has been appealed. It may take some time to find out if those cases will be reinstated.
The Upstream cases continue through the litigation process. Brent Coon & Associates does not know when any of our cases might receive designation for individual case discovery or be set for trial. Again, this like all other mass tort litigation is a long process because of the sheer number of claimants. As always, your patience is appreciated and questions regarding this litigation are welcome.
Hurricanes Florence:
We have also been able to successfully resolve almost all of the Hurricane Florence cases.
Hurricanes Laura and Hurricane Delta Claims
Brent Coon & Associates is currently accepting and handling Hurricane Laura and Hurricane Delta claims.
You and your family have survived Hurricane Laura, the strongest hurricane on record to make landfall in Louisiana since the Great Storm of 1856, followed by Hurricane Delta on Laura’s heels, and now faced with devastating property damage left in Laura’s and Delta’s aftermath. ‘GEAUX’ WITH THE WINNER! Brent Coon & Associates will seek maximum recovery from your insurance company for your Hurricane Laura and Hurricane Delta property damage claims.
- BRENT COON & ASSOCIATES handled thousands of hurricane damage claims nationwide for over 30 years.
- BRENT COON & ASSOCIATES handled tens of thousands of BP oil spill cases with 99% successful settlement rate.
- BRENT COON & ASSOCIATES has structural engineers on standby.
- BRENT COON & ASSOCIATES has public adjusters and appraisers on standby.
- BRENT COON & ASSOCIATES has contractors on standby.
- Plus, we can do all the work with minimal need for face-to-face meetings with our state-of-the-art electronic technology for client convenience 24/7.
We are Louisiana and Texas licensed lawyers. A team to be proud of!