The government should not have the right to force people out of their homes, supposedly to keep them safe or to save money.
If one’s house is in a flood-prone area, Harris County can force you to sell it. The misuse of this provision by Harris County resulted in an agreement between Harris County and the Federal Government. It seems that Harris County was discriminating against Hispanics.
Harris County is one of only three government entities that can force people to sell their homes if they live in a flood-prone area.
The situation is very different when the buyout ceases to be voluntary. A little-known provision in the Hazard Mitigation and Relocation Assistance Act of 1993 authorizes local governments to implement a mandatory buyout program for flood-prone areas. So far, just three localities—Cedar Rapids in Iowa, Minot in North Dakota, and Harris County in Texas—have adopted a mandatory buyout program. The Harris County program is the largest of the three and is expected to forcibly purchase 585 households and 390 businesses by 2026 and turn the land into green space.
Most local governments have been wary of taking advantage of mandatory buyout authority, and for good reason. While states have the power of eminent domain and may use federal funds for this purpose under the law, the process is always fraught and ripe for abuse. With a voluntary buyout, governments must offer a purchase price high enough to entice homeowners to sell. But when the buyout is mandatory, governments have the incentive to low-ball their payments. Such programs can also raise other issues. Harris County faced accusations of discrimination since its mandatory buyout program had operated chiefly in majority-Hispanic neighborhoods while majority-white neighborhoods with similar flood risk profiles were offered voluntary buyouts or other flood mitigation options.