Lawsuit

Receipt number 9998-4288142
Case 1:17-cv-01657-SGB Document 1 Filed 11/01/17 Page 1 of 31
FILED
IN THE UNITED STATES COURT OF FEDERAL CLAIMS Nov 1 2017
MALCOLM & JACKIE ANDRUS, U.S. COURT OF
ELIZABETH ANN ABBOTT, CARL &
FEDERAL CLAIMS
JAMIE ANDERSON, CHAD & MARISSA
ANDERSON, DARYL & TIFFANY BELL,
MARGARET & BEN BELL, JOEY
BERGERON, LEE & BONNIE BOSSIER, 17-1657 L
JANET & BOBBY BOWMAN, NEIL &
MELISSA BOYETT, CLARENCE
BRAWLEY, CASEY & LINDSAY BROWN,
JOHN & MELISSA BURGIN, JOE DAVID
& STEPHANIE CAMP, KANDI CHAMPION
& TRAVIS SMITH, PRESTON & KERRI
CLARK, JANIS & DANIEL CORNETT,
MELISSA & ROBERT COURTNEY,
LAWRENCE & DOLORES CUSTER,
BYRON & RENEE DAY, JASON
DORCHUCK, ROGER & KAREN DOYLE,
MARJORIE DUBUISSON, JANIS & JAMES
DUNIGAN, E.L. & MARY ELLENDER,
BARBARA ENGDAHL, KEN & GINGER
FAULS, RALPH FIELDS, DEMPSEY & CIVIL ACTION NO. _______________
MARGARET FRANKLIN, CAROL GATES,
TOM & LISA GRIFFIN, ALICE & HOWARD
GUILOTT, THOMAS SCOTT & CHARICE
HARRELL, ARCHIE DEAN & RITA KAY
HARRIS, YIMIN & YUNJIE HUANG HE,
SHIRLEY HOGG, MICHAEL HOLLAND,
CHERYL & KEVIN HUEBEL, L. KEITH &
DEBRA JORDAN, CHARLES THOMAS
KEEL, LEANNE KENDRICK, JAY &
JENNIFER KILLGO, LAVOYD &
CLAUDENE KING, BYRON & JULIE LEE,
JOHN LEE, WILBURN & LYNDA LYONS,
KATHY & JOHN MARSHALL, JEFF &
TIFFANY MATHEWS, EVELYN COKER
MCGEE, KYLE & LEANNA MCMILLAN,
BRENT & CINDY MENDOZA, JEFFREY
MORRISON, TOMMY PARK, ROBERT &
KIM PRAK, JEREMY & JESSICA RALEY,
TERI & RICKEY REEL, RACHEL & JOSH
RICH, GARY & DANA ROBICHAU,
ROB & ROSE RODGERS, FARA ROLLINS
STEVEN MICHAEL SCHNEIDER, KASHIF
SHAH, ZULFIGAR & SOMIA SHAH,
LLOYD JAMES SIKES, JIMMY SMITH,

LOLA SMITH, RONALD SMITH, VANN
CHHAI & KAESONE TAYTHAMA
SOEUING, VANNAK & KIMBERLY
SOEUING, STEPHEN & DEBORAH SONS,
JAMES SR. & KAREN STEGALL, NORMAN
& WALTRAUD STEHLE, JASON & SANDY
STEVENSON, JOSEPH THOMPSON, ROB
& JENNIFER TURNER, MARY HELEN
VICKERS, MICHAEL S. WAKEFIELD,
CAROLYN WARD, ROBERT & DAWNA
WHITMIRE, JUSTIN & ROBIN WILKINS,
JOSEPH & PATRICIA WINGERSON,
MELISSA & JOE WOODS
Plaintiffs

V.

THE UNITED STATES OF AMERICA
and THE UNITED STATES ARMY
CORPS OF ENGINEERS,
Defendants
PLAINTIFFS ORIGINAL COMPLAINT
TO THE HONORABLE UNITED STATES COURT OF FEDERAL CLAIMS:
COMES NOW, Malcom and Jackie Andrus, Elizabeth Ann Abbott, Carl and Jamie
Anderson, Chad and Marissa Anderson, Daryl and Tiffany Bell, Margaret and Ben Bell, Joey
Bergeron, Lee and Bonnie Bossier, Janet and Bobby Bowman, Neil and Melissa Boyett,
Clarence Brawley, Casey and Lindsay Brown, John and Melissa Burgin, Joe David and
Stephanie Camp, Kandi Champion and Travis Smith, Preston and Kerri Clark, Janis and Daniel
Cornett, Melissa and Robert Courtney, Lawrence and Dolores Custer, Byron and Renee Day,
Jason Dorchuck, Roger and Karen Doyle, Marjorie Dubuisson, Janis and Jimmy Dunigan,
Barbara Engdahl,, E.L. and Mary Ellender, Ken and Ginger Fauls, Ralph Fields, Dempsey and
Margaret Franklin, Carol Gates, Tom and Lisa Griffin, Alice and Howard Guilott, Thomas Scott
and Charice Harrell, Archie Dean and Rita Kay Harris, Yimin and Yunjie Huang He, Shirley
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Hogg, Michael Holland, Cheryl and Kevin Huebel, L. Keith and Debra Jordan, Charles Thomas
Keel, Leanne Kendrick, Jay and Jennifer Killgo, Lavoyd and Claudene King, Byron and Julie
Lee, John Lee, Wilburn and Lynda Lyons, Kathy and John Marshall, Jeff and Tiffany Mathews,
Evelyn Coker McGee, Kyle and Leanna McMillan, Brent and Cindy Mendoza, Jeffrey Morrison,
Tommy Park, Robert and Kim Prak, Jeremy and Jessica Raley, Teri and Rickey Reel, Rachel and
Josh Rich, Gary and Dana Robichau, Rob & Rose Rodgers, Fara Rollins, Steven Michael
Schneider, Kashif Shah, Zulfigar & Somie Shah, Lloyd James Sikes, Jimmy Smith, Lola Smith,
Ronald Smith, Vann Chhai and Kaesone Taythama Soeuing, Vannak and Kimberly Soeuing,
Stephen and Deborah Sons, James Sr. and Karen Stegall, Norman and Waltraud Stehle, Jason
and Sandy Stevenson, Joseph Thompson, Rob and Jennifer Turner, Mary Helen Vickers,
Michael S. Wakefield, Carolyn Ward, Robert and Dawna Whitmire, Justin and Robin Wilkins,
Joseph and Patricia Wingerson, and Melissa and Joe Woods, and file this claim for the
intentional taking of their real and personal property by UNITED STATES OF AMERICA (the
United States) and the UNITED STATES ARMY CORPS OF ENGINEERS (hereinafter
referred to as the Corps) (collectively Defendants) entitling them to just compensation under
the Fifth Amendment of the United States Constitution, and in support thereof, show as follows:
I. NATURE OF THE CASE
1. This is a civil action arising under the Fifth Amendment of United States Constitution,
seeking just compensation from Defendants for Defendants intentional taking of Plaintiffs real
and personal property. The taking of Plaintiffs property was a direct and proximate cause of
Defendants intentional releases of water from Town Bluff Dam/Dam B on the Neches River and
B.A. Steinhagen Lake.
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II. PARTIES
2. Plaintiffs are all individuals and individuals with spouses asserting claims, not as a class,
but independently for compensation for property taken by federal-control flood-water captured,
stored and released from Town Bluff Dam/Dam B on the Neches River and B.A. Steinhagen
Lake, beginning August 30, 2017. Specifically, Plaintiffs are:
3. Plaintiffs, MALCOLM and JACKIE ANDRUS, are citizens of the United States
currently residing in Orange County, Texas. Mr. and Mrs. Andrus own a single-family home
located at 1860 Limerick Dr., Vidor, Texas 77662. As a result of the Corps deliberate capture,
storage and release of water, Mr. and Mrs. Andrus seek to recover just compensation from the
Corps for its taking of their real and personal property for public use.
4. Plaintiff, ELIZABETH ANN ABBOTT, is a citizen of the United States currently
residing in Orange County, Texas. Ms. Abbott owns a single-family home located at 2570
Heather Glen Dr., Vidor, Texas 77662. As a result of the Corps deliberate capture, storage and
release of water, Ms. Abbott seeks to recover just compensation from the Corps for its taking of
her real and personal property for public use.
5. Plaintiffs, CARL and JAIME ANDERSON, are citizens of the United States currently
residing in Orange County, Texas. Mr. and Mrs. Anderson own a single-family home located at
1885 Erin Dr., Vidor, Texas 77662. As a result of the Corps deliberate capture, storage and
release of water, Mr. and Mrs. Anderson seek to recover just compensation from the Corps for its
taking of their real and personal property for public use.
6. Plaintiffs, CHAD and MARISSA ANDERSON, are citizens of the United States
currently residing in Orange County, Texas. Mr. and Mrs. Anderson own a single-family home
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storage and release of water, Mr. and Mrs. Anderson seek to recover just compensation from the
7. Plaintiffs, DARYL and TIFFANY BELL, are citizens of the United States currently
residing in Orange County, Texas. Mr. and Mrs. Bell own a single-family home located at 2540
Waterford Way, Vidor, Texas 77662. As a result of the Corps deliberate capture, storage and
release of water, Mr. and Mrs. Bell seek to recover just compensation from the Corps for its
8. Plaintiffs, MARGARET and BEN BELL, are citizens of the United States currently
residing in Orange County, Texas. Mr. and Mrs. Bell own a single-family home located at 1860
Dublin, Vidor, Texas 77662. As a result of the Corps deliberate capture, storage and release of
water, Mr. and Mrs. Bell seek to recover just compensation from the Corps for its taking of their
real and personal property for public use.
9. Plaintiff, JOEY BERGERON, is a citizen of the United States currently residing in
Orange County, Texas. Mr. Bergeron owns single-family homes located at 1845 Erin St., Vidor,
Texas 77662 and 1825 Waterford Way, Vidor, Texas 77662. As a result of the Corps deliberate
capture, storage and release of water, Mr. Bergeron seeks to recover just compensation from the
Corps for its taking of his real and personal property for public use.
10. Plaintiffs, LEE and BONNIE BOSSIER, are citizens of the United States currently
residing in Orange County, Texas. Mr. and Mrs. Bossier own a single-family home located at
1795 Erin, Vidor, Texas 77662. As a result of the Corps deliberate capture, storage and release
of water, Mr. and Mrs. Bossier seek to recover just compensation from the Corps for its taking of
their real and personal property for public use.
11. Plaintiffs, JANET and BOBBY R. BOWMAN, are citizens of the United States currently
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residing in Orange County, Texas. Mr. and Mrs. Bowman own a single-family home located at
1820 Limerick Dr., Vidor, Texas 77662. As a result of the Corps deliberate capture, storage and
release of water, Mr. and Mrs. Bowman seek to recover just compensation from the Corps for its
12. Plaintiffs, NEIL and MELISSA BOYETT, are citizens of the United States currently
residing in Orange County, Texas. Mr. and Mrs. Boyett own a single-family home located at
1960 Galway Dr., Vidor, Texas 77662. As a result of the Corps deliberate capture, storage and
release of water, Mr. and Mrs. Boyett seek to recover just compensation from the Corps for its
13. Plaintiff, CLARENCE BRAWLEY, is a citizen of the United States currently residing in
Orange County, Texas. Mr. Brawley own a single-family home located at 5 Kells Cir., Vidor,
Texas 77662. As a result of the Corps deliberate capture, storage and release of water, Mr.
Brawley seeks to recover just compensation from the Corps for its taking of their real and
personal property for public use.
14. Plaintiffs, CASEY and LINDSAY BROWN, are citizens of the United States currently
residing in Orange County, Texas. Mr. and Mrs. Brown own a single-family home located at
2580 Heather Glen Dr., Vidor, Texas 77662. As a result of the Corps deliberate capture, storage
and release of water, Mr. and Mrs. Brown seek to recover just compensation from the Corps for
its taking of their real and personal property for public use.
15. Plaintiffs, JOHN and MELISSA BURGIN, are citizens of the United States currently
residing in Orange County, Texas. Mr. and Mrs. Burgin own a single-family home located at
1970 Dublin, Vidor, Texas 77662. As a result of the Corps deliberate capture, storage and
release of water, Mr. and Mrs. Burgin seek to recover just compensation from the Corps for its
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16. Plaintiffs, JOE DAVID and STEPHANIE CAMP, are citizens of the United States
currently residing in Orange County, Texas. Mr. and Mrs. Camp owns a single-family home
storage and release of water, Mr. and Mrs. Camp seek to recover just compensation from the
17. Plaintiffs, KANDI CHAMPION and TRAVIS SMITH, are citizens of the United States
currently residing in Orange County, Texas. Ms. Champion and Mr. Smith own a single-family
home located at 3 Kells Circle, Vidor, Texas 77662. As a result of the Corps deliberate capture,
storage and release of water, Ms. Champion and Mr. Smith seek to recover just compensation
from the Corps for its taking of their real and personal property for public use.
18. Plaintiffs, PRESTON and KERRI CLARK, are citizens of the United States currently
residing in Orange County, Texas. Mr. and Mrs. Clark own a single-family home located at
2510 Waterford Way, Vidor, Texas 77662. As a result of the Corps deliberate capture, storage
and release of water, Mr. and Mrs. Clark seek to recover just compensation from the Corps for its
19. Plaintiffs, JANIS and DANIEL CORNETT, are citizens of the United States currently
residing in Orange County, Texas. Mr. and Mrs. Cornett own a single-family home located at
1930 Wexford Dr., Vidor, Texas 77662. As a result of the Corps deliberate capture, storage and
release of water, Mr. and Mrs. Cornett seek to recover just compensation from the Corps for its
20. Plaintiffs, MELISSA and ROBERT COURTNEY, are citizens of the United States
currently residing in Orange County, Texas. Mr. and Mrs. Courtney own a single-family home
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located at 1910 Wexford Dr., Vidor, Texas 77662. As a result of the Corps deliberate capture,
storage and release of water, Mr. and Mrs. Courtney seek to recover just compensation from the
21. Plaintiffs, LARRY and DOLORES CUSTER, are citizens of the United States currently
residing in Orange County, Texas. Mr. and Mrs. Custer own a single-family home located at
release of water, Mr. and Mrs. Custer seek to recover just compensation from the Corps for its
22. Plaintiffs, BYRON and RENEE DAY, are citizens of the United States currently residing
in Orange County, Texas. Mr. and Mrs. Day own a single-family home located at 9 Kerry
Circle, Vidor, Texas 77662. As a result of the Corps deliberate capture, storage and release of
water, Mr. and Mrs. Day seek to recover just compensation from the Corps for its taking of their
23. Plaintiff, JASON DORCHUCK, is a citizen of the United States currently residing in
Orange County, Texas. Mr. Dorchuck owns a single-family home located at 825 Warwick Dr.,
Vidor, Texas 77662. As a result of the Corps deliberate capture, storage and release of water,
Mr. Dorchuck seeks to recover just compensation from the Corps for its taking of his real and
24. Plaintiffs, ROGER and KAREN DOYLE, are citizens of the United States currently
residing in Orange County, Texas. Mr. and Mrs. Doyle own a single-family home located at
release of water, Mr. and Mrs. Doyle seek to recover just compensation from the Corps for its
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25. Plaintiff, MARJORIE DUBUISSON, is a citizen of the United States currently residing
in Orange County, Texas. Ms. Dubuisson own a single-family home located at 870 Ashford Dr.,
Ms. Dubuisson seeks to recover just compensation from the Corps for its taking of her real and
26. Plaintiffs, JANIS and JAMES DUNIGAN, are citizens of the United States currently
residing in Orange County, Texas. Mr. and Mrs. Dunigan own a single-family home located at
release of water, Mr. and Mrs. Dunigan seek to recover just compensation from the Corps for its
27. Plaintiffs, E.L. and MARY ELLENDER, are citizens of the United States currently
residing in Orange County, Texas. Mr. and Mrs. Ellender own a single-family home located at
release of water, Mr. and Mrs. Ellender seek to recover just compensation from the Corps for its
28. Plaintiff, BARBARA ENGDAHL, is a citizen of the United States currently residing in
Orange County, Texas. Ms. Engdahl owns a single-family home located at 1785 Wexford Dr.,
Ms. Engdahl seeks to recover just compensation from the Corps for its taking of her real and
29. Plaintiffs, KEN and GINGER FAULS, are citizens of the United States currently residing
in Orange County, Texas. Mr. and Mrs. Fauls own single-family homes located at 1860
Limerick Dr. and 1740 Limerick Dr., Vidor, Texas 77662. As a result of the Corps deliberate
9
capture, storage and release of water, Mr. and Mrs. Fauls seek to recover just compensation from
the Corps for its taking of their real and personal property for public use.
30. Plaintiff, RALPH FIELDS, is a citizen of the United States currently residing in Orange
County, Texas. Mr. Fields own a single-family home located at 4 Kerry Circle, Vidor, Texas
77662. As a result of the Corps deliberate capture, storage and release of water, Mr. Fields seeks
to recover just compensation from the Corps for its taking of his real and personal property for
public use.
31. Plaintiffs, DEMPSEY and MARGARET FRANKLIN, are citizens of the United States
currently residing in Orange County, Texas. Mr. and Mrs. Dempsey own a single-family home
located at 825 Leitrum St., Vidor, Texas 77662. As a result of the Corps deliberate capture,
storage and release of water, Mr. and Mrs. Dempsey seek to recover just compensation from the
32. Plaintiff, CAROL GATES, is a citizen of the United States currently residing in Orange
County, Texas. Ms. Gates owns a single-family home located at 825 Dundee Dr., Vidor, Texas
77662. As a result of the Corps deliberate capture, storage and release of water, Ms. Gates
seeks to recover just compensation from the Corps for its taking of her real and personal property
for public use.
33. Plaintiffs, TOM and LISA GRIFFIN, are citizens of the United States currently residing
in Orange County, Texas. Mr. and Mrs. Griffin own a single-family home located at 1835
Wexford Dr., Vidor, Texas 77662. As a result of the Corps deliberate capture, storage and
release of water, Mr. and Mrs. Griffin seek to recover just compensation from the Corps for its
34. Plaintiffs, ALICE and HOWARD GUILOTT, are citizens of the United States currently
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residing in Orange County, Texas. Mr. and Mrs. Guilott own a single-family home located at
release of water, Mr. and Mrs. Guilott seek to recover just compensation from the Corps for its
35. Plaintiffs, THOMAS SCOTT and CHARICE HARRELL, are citizens of the United
States currently residing in Orange County, Texas. Mr. and Mrs. Harrell own a single-family
home located at 1760 Limerick Dr., Vidor, Texas 77662. As a result of the Corps deliberate
capture, storage and release of water, Mr. and Mrs. Harrell seek to recover just compensation
from the Corps for its taking of their real and personal property for public use.
36. Plaintiffs, ARCHIE DEAN and RITA KAY HARRIS, are citizens of the United States
currently residing in Orange County, Texas. Mr. and Mrs. Harris own a single-family home
located at 1930 Dublin, Vidor, Texas 77662. As a result of the Corps deliberate capture, storage
and release of water, Mr. and Mrs. Harris seek to recover just compensation from the Corps for
37. Plaintiffs, YIMIN and YUNJIE HUANG HE, are citizens of the United States currently
residing in Orange County, Texas. Mr. and Mrs. He own a single-family home located at 1915
release of water, Mr. and Mrs. He seek to recover just compensation from the Corps for its taking
of their real and personal property for public use.
38. Plaintiff, SHIRLEY HOGG, is a citizen of the United States currently residing in Orange
County, Texas. Ms. Hogg owns a single-family home located at 1855 Dublin, Vidor, Texas
77662. As a result of the Corps deliberate capture, storage and release of water, Ms. Hogg
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for public use.
39. Plaintiff, MICHAEL HOLLAND, is a citizen of the United States currently residing in
Orange County, Texas. Mr. Holland owns a single-family home located at 1980 Dublin, Vidor,
Holland seeks to recover just compensation from the Corps for its taking of his real and personal
property for public use.
40. Plaintiffs, CHERYL and KEVIN HUEBEL, are citizens of the United States currently
residing in Orange County, Texas. Mr. and Mrs. Huebel own a single-family home located at
release of water, Mr. and Mrs. Huebel seek to recover just compensation from the Corps for its
41. Plaintiffs, L. KEITH and DEBRA JORDAN, are citizens of the United States currently
residing in Orange County, Texas. Mr. and Mrs. Jordan own a single-family home located at
release of water, Mr. and Mrs. Jordan seek to recover just compensation from the Corps for its
42. Plaintiff, CHARLES THOMAS KEEL, is a citizen of the United States currently residing
in Orange County, Texas. Mr. Keel owns a single-family home located at 515 Virgil Lane,
Mr. Keel seeks to recover just compensation from the Corps for its taking of his real and
43. Plaintiff, LEANNE KENDRICK, is a citizen of the United States currently residing in
Orange County, Texas. Ms. Kendrick owns a single-family home located at 2565 Crestwood,
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Ms. Kendrick seeks to recover just compensation from the Corps for its taking of her real and
44. Plaintiffs, JAY and JENNIFER KILLGO, are citizens of the United States currently
residing in Orange County, Texas. Mr. and Mrs. Killgo own a single-family home located at
release of water, Mr. and Mrs. Killgo seek to recover just compensation from the Corps for its
45. Plaintiffs, LAVOYD and CLAUDENE KING, are citizens of the United States currently
residing in Orange County, Texas. Mr. and Mrs. King own a single-family home located at 1765
Limerick Dr., Vidor, Texas 77662. As a result of the Corps deliberate capture, storage and
release of water, Mr. and Mrs. King seek to recover just compensation from the Corps for its
46. Plaintiffs, BYRON and JULIE LEE, are citizens of the United States currently residing in
Orange County, Texas. Mr. and Mrs. Lee own a single-family home located at 1920 Galway
Dr., Vidor, Texas 77662. As a result of the Corps deliberate capture, storage and release of
water, Mr. and Mrs. Lee seek to recover just compensation from the Corps for its taking of their
47. Plaintiff, JOHN LEE, is a citizen of the United States currently residing in Orange
County, Texas. Mr. Lee owns a single-family home located at 835 Ashford Dr., Vidor, Texas
77662. As a result of the Corps deliberate capture, storage and release of water, Mr. Lee seeks
to recover just compensation from the Corps for its taking of his real and personal property for
public use.
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48. Plaintiffs, WILBURN and LYNDA LYONS, are citizens of the United States currently
residing in Orange County, Texas. Mr. and Mrs. Lyons own a single-family home located at
release of water, Mr. and Mrs. Lyons seek to recover just compensation from the Corps for its
49. Plaintiffs, KATHY and JOHN MARSHALL, are citizens of the United States currently
residing in Orange County, Texas. Mr. and Mrs. Marshall own a single-family home located at
release of water, Mr. and Mrs. Marshall seek to recover just compensation from the Corps for its
50. Plaintiffs, JEFF and TIFFANY MATTHEWS, are citizens of the United States currently
residing in Orange County, Texas. Mr. and Mrs. Matthews own a single-family home located at
840 Leitrum St., Vidor, Texas 77662. As a result of the Corps deliberate capture, storage and
release of water, Mr. and Mrs. Matthews seek to recover just compensation from the Corps for
51. Plaintiff, EVELYN COKER MCGEE, is a citizen of the United States currently residing
in Orange County, Texas. Ms. McGee owns a single-family home located at 1780 Limerick Dr.,
Ms. McGee seeks to recover just compensation from the Corps for its taking of her real and
52. Plaintiffs, KYLE and LEANNA MCMILLAN, are citizens of the United States currently
residing in Orange County, Texas. Mr. and Mrs. McMillan own a single-family home located at
1735 Galway Dr., Vidor, Texas 77662. As a result of the Corps deliberate capture, storage and
14
release of water, Mr. and Mrs. McMillan seek to recover just compensation from the Corps for
53. Plaintiffs, BRENT and CINDY MENDOZA, are citizens of the United States currently
residing in Orange County, Texas. Mr. and Mrs. Mendoza own a single-family home located at
release of water, Mr. and Mrs. Mendoza seek to recover just compensation from the Corps for its
54. Plaintiff, JEFFREY MORRISON, is a citizen of the United States currently residing in
Orange County, Texas. Mr. Morrison owns a single-family home located at 1910 Dublin, Vidor,
Morrison seeks to recover just compensation from the Corps for its taking of his real and
55. Plaintiff, TOMMY PARK, are citizens of the United States currently residing in Orange
County, Texas. Mr. Park own a single-family home located at 1835 Dublin, Vidor, Texas 77662.
As a result of the Corps deliberate capture, storage and release of water, Mr. Park seek to
recover just compensation from the Corps for its taking of his real and personal property for
public use.
56. Plaintiffs, ROBERT and KIM PRAK, are citizens of the United States currently residing
in Orange County, Texas. Mr. and Mrs. Prak own a single-family home located at 2295
release of water, Mr. and Mrs. Prak seek to recover just compensation from the Corps for its
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57. Plaintiffs, JEREMY and JESSICA RALEY, are citizens of the United States currently
residing in Orange County, Texas. Mr. and Mrs. Raley owns a single-family home located at 6
Kerry Circle, Vidor, Texas 77662. As a result of the Corps deliberate capture, storage and
release of water, Mr. and Mrs. Raley seek to recover just compensation from the Corps for its
58. Plaintiffs, TERI and RICKEY REEL, are citizens of the United States currently residing
in Orange County, Texas. Mr. and Mrs. Reel own a single-family home located at 2235
release of water, Mr. and Mrs. Reel seek to recover just compensation from the Corps for its
59. Plaintiffs, RACHEL and JOSH RICH, are citizens of the United States currently residing
in Orange County, Texas. Mr. and Mrs. Rich own a single-family home located at 1790
release of water, Mr. and Mrs. Rich seek to recover just compensation from the Corps for its
60. Plaintiffs, GARY and DANA ROBICHAU, are citizens of the United States currently
residing in Orange County, Texas. Mr. and Mrs. Robichau own a single-family home located at
release of water, Mr. and Mrs. Robichau seek to recover just compensation from the Corps for its
61. Plaintiffs, ROB and ROSE RODGERS, are citizens of the United States currently
residing in Orange County, Texas. Mr. and Mrs. Rodgers own a single-family home located at
2525 Waterford Way, Vidor, Texas 77662. As a result of the Corps deliberate capture, storage
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and release of water, Mr. and Mrs. Rodgers seek to recover just compensation from the Corps for
62. Plaintiff, FARA ROLLINS, is a citizen of the United States currently residing in Orange
County, Texas. Ms. Rollins owns a single-family home located at 1815 Limerick Dr., Vidor,
Texas 77662. As a result of the Corps deliberate capture, storage and release of water, Ms.
Rollins seeks to recover just compensation from the Corps for its taking of her real and personal
63. Plaintiff, STEVEN MICHAEL SCHNEIDER, is a citizen of the United States currently
residing in Orange County, Texas. Mr. Schneider owns a single-family home located at 2495
release of water, Mr. Schneider seeks to recover just compensation from the Corps for its taking
of his real and personal property for public use.
64. Plaintiff, KASHIF SHAH, is a citizen of the United States currently residing in Orange
County, Texas. Mr. K. Shah owns a single-family home located at 2605 Waterford Way, Vidor,
Texas 77662. As a result of the Corps deliberate capture, storage and release of water, Mr. K.
Shah seeks to recover just compensation from the Corps for its taking of his real and personal
65. Plaintiffs, ZULFIGAR and SOMIA SHAH, are citizens of the United States currently
residing in Orange County, Texas. Mr. and Mrs. Shah own a single-family home located at 2595
release of water, Mr. and Mrs. Shah seek to recover just compensation from the Corps for its
66. Plaintiff, LLOYD JAMES SIKES, is a citizen of the United States currently residing in
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Orange County, Texas. Mr. Sikes owns a single-family home located at 1816 Erin Dr., Vidor,
Sikes seeks to recover just compensation from the Corps for its taking of his real and personal
67. Plaintiff, JIMMY SMITH, is a citizen of the United States currently residing in Orange
County, Texas. Mr. J. Smith owns a single-family home located at 2285 Waterford Way, Vidor,
Texas 77662. As a result of the Corps deliberate capture, storage and release of water, Mr. J.
Smith seeks to recover just compensation from the Corps for its taking of his real and personal
68. Plaintiff, LOLA SMITH, is a citizen of the United States currently residing in Orange
County, Texas. Ms. Smith owns a single-family home located at 1825 Dublin, Vidor, Texas
77662. As a result of the Corps deliberate capture, storage and release of water, Ms. Smith
for public use.
69. Plaintiff, RONALD SMITH, is a citizen of the United States currently residing in Orange
County, Texas. Mr. R. Smith owns a single-family home located at 2617 Waterford Way, Vidor,
Texas 77662. As a result of the Corps deliberate capture, storage and release of water, Mr. R.
Smith seeks to recover just compensation from the Corps for its taking of his real and personal
70. Plaintiffs, VANN CHHAI and KAESONE TAYTHAMA SOEUING, are citizens of the
United States currently residing in Orange County, Texas. Mr. and Mrs. Vann Soeuing own a
single-family home located at 2290 Waterford Way, Vidor, Texas 77662. As a result of the
Corps deliberate capture, storage and release of water, Mr. and Mrs. Vann Soeuing seek to
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recover just compensation from the Corps for its taking of their real and personal property for
public use.
71. Plaintiffs, VANNAK and KIMBERLY SOEUING, are citizens of the United States
currently residing in Orange County, Texas. Mr. and Mrs. Vannak Soeuing own a single-family
home located at 1890 Limerick Dr., Vidor, Texas 77662. As a result of the Corps deliberate
capture, storage and release of water, Mr. and Mrs. Vannak Soeuing seek to recover just
compensation from the Corps for its taking of their real and personal property for public use.
72. Plaintiffs, STEPHEN and DEBORAH SONS, are citizens of the United States currently
residing in Orange County, Texas. Mr. and Mrs. Sons own a single-family home located at 1870
Erin Dr., Vidor, Texas 77662. As a result of the Corps deliberate capture, storage and release of
water, Mr. Sons seeks to recover just compensation from the Corps for its taking of their real and
73. Plaintiffs, JAMES Sr. and KAREN STEGALL, are citizens of the United States currently
residing in Orange County, Texas. Mr. and Mrs. Stegall own a single-family home located at
release of water, Mr. and Mrs. Stegall seek to recover just compensation from the Corps for its
74. Plaintiffs, NORMAN and WALTRAUD STEHLE, are citizens of the United States
currently residing in Orange County, Texas. Mr. and Mrs. Stehle own a single-family home
storage and release of water, Mr. and Mrs. Stehle seek to recover just compensation from the
75. Plaintiffs, JASON and SANDY STEVENSON, are citizens of the United States currently
19
residing in Orange County, Texas. Mr. and Mrs. Stevenson own a single-family home located at
release of water, Mr. and Mrs. Stevenson seek to recover just compensation from the Corps for
its taking of his real and personal property for public use.
76. Plaintiff, JOSEPH THOMPSON, is a citizen of the United States currently residing in
Orange County, Texas. Mr. Thompson owns a single-family home located at 2555 Waterford
Way, Vidor, Texas 77662. As a result of the Corps deliberate capture, storage and release of
water, Mr. Thompson seeks to recover just compensation from the Corps for its taking of his real
and personal property for public use.
77. Plaintiffs, ROB and JENNIFER TURNER, are citizens of the United States currently
residing in Orange County, Texas. Mr. and Mrs. Turner own a single-family home located at
840 Ashford Dr., Vidor, Texas 77662. As a result of the Corps deliberate capture, storage and
release of water, Mr. and Mrs. Turner seek to recover just compensation from the Corps for its
78. Plaintiff, MARY HELEN VICKERS, is a citizen of the United States currently residing
in Orange County, Texas. Ms. Vickers owns a single-family home located at 3 Kerry Circle,
Ms. Vickers seeks to recover just compensation from the Corps for its taking of her real and
79. Plaintiff, MICHAEL S. WAKEFIELD, is a citizen of the United States currently residing
in Orange County, Texas. Mr. Wakefield owns a single-family home located at 1885 Limerick
Dr., Vidor, Texas 77662. As a result of the Corps deliberate capture, storage and release of
water, Mr. Wakefield seeks to recover just compensation from the Corps for its taking of his real
20
and personal property for public use.
80. Plaintiff, CAROLYN WARD, is a citizen of the United States currently residing in
Orange County, Texas. Ms. Ward own a single-family home located at 1820 Wexford Dr.,
Ms. Ward seeks to recover just compensation from the Corps for its taking of her real and
81. Plaintiffs, ROBERT and DAWNA WHITMIRE, are citizens of the United States
currently residing in Orange County, Texas. Mr. and Mrs. Whitmire own a single-family home
located at 1745 Galway Dr., Vidor, Texas 77662. As a result of the Corps deliberate capture,
storage and release of water, Mr. and Mrs. Whitmire seek to recover just compensation from the
82. Plaintiffs, JUSTIN and ROBIN WILKINS, are citizens of the United States currently
residing in Orange County, Texas. Mr. and Mrs. Wilkins own a single-family home located at 1
Kerry Circle, Vidor, Texas 77662. As a result of the Corps deliberate capture, storage and
release of water, Mr. and Mrs. Wilkins seek to recover just compensation from the Corps for its
83. Plaintiffs, JOSEPH and PATRICIA WINGERSON, are citizens of the United States
currently residing in Orange County, Texas. Mr. and Mrs. Wingerson own a single-family home
located at 870 Leitrum St., Vidor, Texas 77662. As a result of the Corps deliberate capture,
storage and release of water, Mr. and Mrs. Wingerson seek to recover just compensation from
the Corps for its taking of their real and personal property for public use.
84. Plaintiffs, MELISSA and JOE WOODS, are citizens of the United States currently
residing in Orange County, Texas. Mrs. and Mr. Woods own a single-family home located at
21
875 Ashford Dr. Vidor, Texas 77662. As a result of the Corps deliberate capture, storage and
release of water, Mrs. and Mr. Woods seek to recover just compensation from the Corps for its
taking of her real and personal property for public use.
85. Defendant, UNITED STATES OF AMERICA, is the United States federal government,
including its agencies and any federal, state, or local instrumentality acting under the auspices of
the United States federal government, all of whom may be served through the National Courts
Section, Commercial Litigation Branch, Civil Division U.S. Department of Justice, Washington,
DC 20530. The United States will also be served by the Clerk of the United States Court of
Federal Claims. See RCFC 4. Defendant, UNITED STATES OF AMERICA took action
through Defendant, UNITED STATES ARMY CORPS OF ENGINEERS (hereinafter Corps),
an agency of the United States.
III. JURISDICTION & VENUE
86. This action is brought pursuant to the Fifth Amendment to the United States Constitution
against Defendants for the intentional taking of Plaintiffs private property, both real and
personal, without just compensation. Pursuant to 28 U.S.C. 1491(a), this Court has exclusive
jurisdiction over the subject matter of this action and venue is proper in this Court.
87. Damages sought are in excess of $10,000.00 and exceed the jurisdictional minimum of
this Court.
IV. PREVIOUS LAWSUITS
88. Plaintiffs have not begun any other lawsuits in state or federal court dealing with the
same or similar facts involved in this action.
22
V. STATEMENT OF CLAIM
A. Dam B and Steinhagen Lake
89. The United States, through the Corps, controls the dam located on the Neches River
known as the Town Bluff Dam. Although formally named the Town Bluff Dam, the dam was
originally identified as Dam B and is still commonly known as Dam B.1 Located midway
between the cities of Jasper and Woodville on the Neches River, in East Texas, Dam B forms the
B.A. Steinhagen Lake.2 The Corps operates, manages, and controls Dam B and B.A. Steinhagen
Lake as part of its Fort Worth District.
90. Dam B was authorized to be constructed by the River and Harbor Act of 1945 (Public
Law 14, 79th Congress, 1st Session). Construction began in March, 1947, and was completed in
June 1953.
91. Dam B serves many functions including, but not limited to, power generation, water
storage, and flood risk management.
92. Dam B, along with B.A. Steinhagen Lake, the Sam Rayburn Reservoir, and the Sam
Rayburn Dam, are designed to prevent catastrophic downstream flooding in Southeast Texas
along the Neches River.
B. Plaintiffs Homes and Properties
93. Plaintiffs reside and/or own property in or near three subdivisions just north of the City of
Vidor, in Orange County, Texas, known as Wexford Park, Warwick Park, and Inwood Acres.
94. These subdivisions were developed starting in the 1960s and are located just north of
Vidor, to the west of State Highway 105.
1For purpose of this action, Plaintiffs will refer to the Town Bluff Dam as Dam B.
2The Corps also refers to B.A. Steinhagen Lake as Town Bluff Lake and the B.A. Steinhagen
Lake, Town Bluff Project.
23
95. Several Neches River tributaries and offshoots, including Tiger Creek, Ten-Mile Creek,
and Caney Creek, are located near these subdivisions.
96. Prior to the events described below, research indicates that Plaintiffs property had never
experienced any significant flooding before. Further, Plaintiffs are unaware of any prior
significant flooding.
C. Hurricane Harvey
97. On Friday, August 25, 2017, Hurricane Harvey made its initial landfall as a Category 4
hurricane near Port Aransas, Texas, causing severe damage to the Corpus Christi area. Harvey
then moved into the Houston Area on August 26, 2017, causing severe damage before moving
back into the Gulf of Mexico. On August 27 and 28, 2017, Harvey reached the Houston area and
parts of Southeast Texas producing rainfall as high as 50 inches in some areas.
98. Harvey then moved eastward along the Texas coast, directly over Southeast Texas. On
August 29, 2017, Jefferson County received approximately 26.03 inches of rain. Harvey then
made its second landfall around 10:00 p.m., on Tuesday, August 29, 2017, near Sabine Pass,
Texas, before returning to the Gulf. Harvey continued to move eastward along the coast and
made its third and final land fall at 5:00 a.m., on August 30, 2017, near Cameron, Louisiana. By
mid-day on Wednesday, August 30, 2017, Harvey had moved north and further eastward into
Louisiana and was mostly out of Southeast Texas.
D. Defendants Open Dam B, Sending Massive Amounts of Water Down the Neches
99. According to Corps records, from July 1, 2017, through August 27, 2017, the average
daily release of water by the Corps from Dam B ranged between approximately 1,700 cubic feet
per second and 5,600 cubic feet per second.
100. Based on the widely reported flooding and destruction in Houston, Defendants knew that
24
Hurricane Harvey was heading to Southeast Texas and that substantial amounts of rainfall were
going to accompany the storm, by no later than August 28, 2017, likely much sooner.
101. On August 28, 2017, while Hurricane Harvey was beginning to enter Southeast Texas,
the Corps decided to start releasing more water from Dam B. On that day, the average daily flow
of water released from Dam B rose to 13,450 cubic feet per second.
102. On August 29, 2017, while Hurricane Harvey was in the process of dumping around 26
inches of rain in Jefferson County, the average daily flow of water released from Dam B rose to
28,200 cubic feet per second.
103. On August 30, 2017, the Corps issued a press release advising that historic discharge
amounts were expected at Dam B. The Corps notified local officials for areas located
downstream from Dam B to begin preparing for evacuation. The Corps also advised that water
was going to be released from the Sam Rayburn Reservoir, just upstream from Steinhagen Lake
and Dam B, for power generation. See Exhibit A.
104. Based on previous studies, data, and forecasts, it was foreseeable at the time of the
release that the actions of the Corps were substantially certain to result in a taking of Plaintiffs
property.
105. At 12:38 p.m., on August 30, 2017, Jeffrey Mahaffey (Mahaffey), the Deputy Chief,
Emergency Management for the Corps, sent an email to officials along the Neches River to
inform our downstream stakeholders of the potential for additional downstream flooding. In
his email, Mahaffey stated that releases from Dam B and Steinhagen Lake had been increased
and were approaching 44,100 cfs with a projected rivers stage elevation of 82 feet. Mahaffey
also indicated that water was still being released from the Sam Rayburn Dam for power
generation. Mahaffey noted that [f]looding can be expected along the river and floodplains.
25
See Exhibit B.
106. At 7:43 p.m., on August 30, 2017, Mahaffey sent another email to the downstream
stakeholders informing them that releases from Dam B were approaching 55,000 cfs and
gradually increasing to 70,000 cfs the next morning. Mahaffey also stated that Sam Rayburn
Reservoir was continuing to release water for power generation. Once again, Mahaffey noted
that [f]looding can be expected along the river and floodplains.
107. In response to the Corps press releases and other information communicated by the
Corps, local officials began to issue warnings and evacuations.
a. Hardin County Judge, Wayne McDaniel issued a Voluntary Evacuation Notice on August
28, 2017, for several areas along the Neches River, based on information regarding the
forecasted emergency release of water from the Town Bluff Dam at the B.A. Steinhagen
Reservoir by representatives of the United States Army Corps of Engineers, which is
expected to result in flood that has the great potential of causing severe bodily injury or
the loss of human life . . . .
b. Based on information received from the Corps about Dam B, Jasper County Judge Mark
Allen issued an evacuation order for areas located along the Neches River at 11:30 a.m.,
on August 30, 2017.3
c. Tyler County Judge Jacques Blanchette issued an emergency notice and mandatory
evacuation to residents of Tyler County that he had been told by the Corps that by 3:00
p.m., on August 30, 2017, the flood gates at Dam B were going to be opened to 100 feet
and that the Neches River was expected to rise near 79 feet as a result. Judge Blanchette
advised: Anyone who chooses to not heed this directive cannot expect to be rescued and
should write their social security numbers in permanent marker on their arm so their
bodies can be identified. The loss of life and property is certain. Judge Blanchette
concluded the notice with four words: GET OUT OR DIE!
108. On August 30, 2017, the average daily flow of water released from Dam B rose to an
astonishing 43,090 cubic feet per second.
E. Flood Waters Inundate Plaintiffs Homes and Property After Harvey Passes
109. Although Harvey had been in Southeast Texas for two days (August 28th and 29th) and
3
Judge Allen previously issued a voluntary evacuation order on August 28, 2017.
26
some streets were flooded, Plaintiffs homes and properties were not flooded and suffered almost
no damage.
110. By mid-day, August 30, 2017, Plaintiffs assumed that the storm had passed and that they
and their property were safe. Unbeknownst to most of the Plaintiffs, hundred of thousands of
gallons of water were racing down the Neches River released from Dam B.
111. On the evening on August 30, 2017, and into August 31, 2017, after the storm, Plaintiffs
began to observe water steadily rising and coming into their neighborhoods. The water suddenly
and unexpectedly rose to an astonishing height flooding house by house. Shortly thereafter,
Plaintiffs began to be evacuated from their homes in small boats by their neighbors and other
volunteers. Plaintiffs huddled together in these small boats as they were taken from their homes,
forced to leave almost all of their possessions behind.
112. By the late evening on August 30, 2017, and early morning of August 31, 2017, the
flooding situation became extremely dire. At least one family spent that night in the second
story of their two-story home. The next morning, they were evacuated by a boat directly from
the second story because the flood waters were 59 inches high outside their home and 51 inches
on the inside.
113. On August 31, 2017, the daily average release rate from Dam B rose to 55,110 cubic feet
per second and remained extremely high until around September 11, 2017.
114. Brown, dirty flood water then sat in Plaintiffs homes until the flood waters really began
to recede much later.
VI. CAUSE OF ACTION: VIOLATION OF THE TAKINGS CLAUSE
115. Plaintiffs hereby adopt, incorporate, restate, and re-allege paragraphs 1 through 114.
116. The Fifth Amendment of the United States Constitution prohibits the federal
27
governmenti.e., Defendantsfrom taking private property without just compensation.
117. Plaintiffs have legally recognized and protected property interests under state and federal
law in their real and personal property made the basis of this suit.
118. Plaintiffs also had a reasonable investment-backed expectation in the property made the
basis of this suit that their property would be subject to flooding in line with historical flooding
patterns.
119. Plaintiffs property was flooded as a direct and proximate result of Defendants conduct,
described above.
120. Defendants intentional discharges of water from Dam B, Steinhagen Lake, and/or the
Sam Rayburn Reservoir have caused permanent damage and/or loss of value to Plaintiffs private
property. Plaintiffs property would not have otherwise flooded but for Defendants intentional
releases of water from Dam B, Steinhagen Lake, and/or the Sam Rayburn Reservoir.
121. Defendants decision to discharge water from Steinhagen Lake and/or the Sam Rayburn
Reservoir was for public use.
122. Defendants made the decision to discharge water from the Steinhagen Lake and/or the
Sam Rayburn Reservoir intentionally and with knowledge that it would cause Plaintiffs property
to flood, sustain catastrophic damages, and deprive Plaintiffs of the right to use, occupy, and
enjoy their property.
123. The flooding and damage to and devaluation of Plaintiffs real and personal property was
also substantially certain to result from the releases of water from Dam B, Steinhagen Lake,
and/or the Sam Rayburn Reservoir, and was a foreseeable and predictable result of Defendants
conduct.
124. Plaintiffs resulting damages are both substantial and severe and have and will continue
28
to preclude Plaintiffs from the right to use, occupy, and enjoy their real and personal property.
125. Defendants conduct constitutes a temporary taking of Plaintiffs private property. Since
August 30, 2017, Plaintiffs have been deprived of the right to use, occupy, and enjoy their real
and personal property and the vast majority of Plaintiffs homes are uninhabitable.
126. Defendants conduct also constitutes a permanent taking of Plaintiffs private property
because Plaintiffs will be forced to spend tens of thousands or hundreds of thousands of dollars
to repair or replace their damaged and/or destroyed property. Additionally, Plaintiffs property
has also suffered an irreparable diminution in value as a result of Defendants conduct.
127. Hurricane Harvey was not an intervening event that broke the causal connection between
Defendants conduct and the unconstitutional taking of Plaintiffs property.
128. Plaintiffs have not been fully and justly compensated for the taking of said property.
Defendants conduct constitutes an unconstitutional taking of Plaintiffs private real and personal
property without just compensation. Consequently, Plaintiffs seek and are entitled to just
compensation for Defendants taking of their property.
VII. LITIGATION EXPENSESATTORNEYS FEES AND COSTS
129. Plaintiffs hereby adopt, incorporate, restate, and re-allege paragraphs 1 through 128,
inclusive, with regard to all causes of action.
130. Pursuant to 42 U.S.C. 4654, Plaintiffs are entitled to recover their reasonable costs,
disbursements, and expenses, including reasonable attorney, appraisal, and engineering fees,
actually incurred because of [this] proceeding.
VIII. DAMAGES
131. Plaintiffs hereby adopt, incorporate, restate, and re-allege paragraphs 1 through 130,
inclusive, with regard to all causes of action.
29
132. As a result of Defendants taking without just compensation, Plaintiffs have been
deprived of the right to use, occupy, and enjoy their property and suffered serious and substantial
damages and injuries, including but not limited:
a. Actual damages from the loss of real property;
b. Actual damages from the loss of personal property;
c. Cost to repair or cure damages to real property;
d. Cost to repair or cure damages to personal property;
e. Permanent diminution in value of real property; and
f. Litigation costs, disbursements, and expenses, including reasonable

attorney, appraisal, and engineering fees, actually incurred because of this
proceeding.
IX. RELIEF REQUESTED
133. The preceding factual statements and allegations are incorporated by reference.
134. For these reasons, Plaintiffs pray for judgment against Defendants, any or all of them, for
the following:
a. Actual damages;
b. Post-judgment interest;
c. Statutory attorneys fees and expenses;
d. Costs of Court; and
e. Such other and further relief as the Court deems just and equitable.
X. PRAYER
WHEREFORE, Plaintiffs respectfully request Defendants to be cited to appear and
answer herein, and that upon final trial hereof, the Court award the relief against Defendants.
30
DATED: November 1, 2017
Respectfully submitted,
BERNSEN LAW FIRM
____________________________________
David E. Bernsen
Texas Bar No. 02217500
dbernsen@bernsenlaw.com
Christine L. Stetson*
cstetson@bernsenlaw.com
Cade Bernsen*
cbernsen@bernsenlaw.com
Myles Lenz*
mlenz@bernsenlaw.com
Tanner Franklin*
tfranklin@bernsenlaw.com
420 N. MLK, Jr. Pkwy
Beaumont, Texas 77701
409/212-9994 - Telephone
409/212-9411 Facsimile
STRONG PIPKIN BISSELL & LEDYARD LLP

Greg M. Dykman*
gdykeman@strongpipkin.com
Christopher D. Mahfouz*
cmahfouz@strongpipkin.com
595 Orleans, Suite 1400
Beaumont, Texas 77701
409/981-1000 - Telephone
409/981-1010 Facsimile
ATTORNEYS FOR PLAINTIFFS

* Attorney admissions pending
31

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Receipt number 9998-4288142

Case 1:17-cv-01657-SGB Document 1 Filed 11/01/17 Page 1 of 31

LLOYD JAMES SIKES, JIMMY SMITH,

PLAINTIFFS ORIGINAL COMPLAINT

TO THE HONORABLE UNITED STATES COURT OF FEDERAL CLAIMS:

I. NATURE OF THE CASE

B.A. Steinhagen Lake.

Lake, beginning August 30, 2017. Specifically, Plaintiffs are:

4. Plaintiff, ELIZABETH ANN ABBOTT, is a citizen of the United States currently

her real and personal property for public use.

taking of their real and personal property for public use.

taking of their real and personal property for public use.

real and personal property for public use.

9. Plaintiff, JOEY BERGERON, is a citizen of the United States currently residing in

their real and personal property for public use.

taking of their real and personal property for public use.

taking of their real and personal property for public use.

personal property for public use.

taking of their real and personal property for public use.

taking of their real and personal property for public use.

taking of their real and personal property for public use.

taking of their real and personal property for public use.

real and personal property for public use.

personal property for public use.

taking of their real and personal property for public use.

personal property for public use.

taking of their real and personal property for public use.

taking of their real and personal property for public use.

personal property for public use.

for public use.

taking of their real and personal property for public use.

taking of their real and personal property for public use.

of their real and personal property for public use.

for public use.

property for public use.

taking of their real and personal property for public use.

taking of their real and personal property for public use.

personal property for public use.

personal property for public use.

taking of their real and personal property for public use.

taking of their real and personal property for public use.

real and personal property for public use.

taking of their real and personal property for public use.

taking of their real and personal property for public use.

personal property for public use.

taking of their real and personal property for public use.

personal property for public use.

taking of their real and personal property for public use.

taking of their real and personal property for public use.

taking of their real and personal property for public use.

taking of their real and personal property for public use.

taking of their real and personal property for public use.

property for public use.

of his real and personal property for public use.

property for public use.

taking of their real and personal property for public use.

property for public use.

property for public use.

for public use.

property for public use.

personal property for public use.

taking of their real and personal property for public use.

and personal property for public use.