Harris County leaders are considering purchasing an unfinished housing development in Montgomery County to help protect Kingwood residents from flooding, an unprecedented land deal emblematic of a new, more aggressive approach to flood control.

Commissioners Court will debate in executive session Tuesday whether to purchase the roughly 300-acre site owned by Perry Homes, Precinct 4 Commissioner Jack Cagle said.

Many residents in Elm Grove, the Kingwood subdivision that abuts the property to the south, believe the development caused their neighborhood to flood twice in 2019 — in May and again in September when Tropical Storm Imelda battered Kingwood. The residents say Perry Homes made the neighborhood more vulnerable to flooding, a claim that has yet to be proven.

The residents filed suit against Perry Homes, and the homebuilder has since approached Harris County about selling the property, Cagle said. Many residents expressed support for the idea Monday.

The issue places Commissioners Court in a pickle: How can the county protect flood victims without sending the message that if builders bungle a flood plain project, the government will let them off the hook?

“I am very motivated to try to do whatever I can to get the most people out of the water the best way, the fastest way, the most economical way,” Cagle said.

“If (the Harris County Flood Control District) takes it over, instead of building just the detention that’s necessary for the new development, serious detention could be built that could affect the entire watershed,” he added.

A spokesman for Figure Four Partners, a Perry Homes subsidiary working on the Kingwood development, declined comment beyond a statement that it “has always been willing to consider reasonable alternatives that would provide more robust mitigation.”

The Flood Control District has a sum in mind to pay for the parcel, Cagle said, adding that Montgomery County and the city of Houston would need to pick up part of the tab. The parcel is inside city limits.

District E Councilman Dave Martin, who represents Kingwood, said he has supported Houston providing funds for the purchase — at the right price. In discussions with Perry Homes since the fall, Martin said, the builder has asked to be reimbursed for the initial cost of the land, plus the sum the firm sunk into developing the property.

“Why should we pay for all the work they did that caused hundreds of houses to flood?” Martin said. “We want to work with them, absolutely, but their asking price was unreasonable.”

Mayor Sylvester Turner and Montgomery County Judge Mark Keough did not immediately respond to requests for comment.

Cagle said that should a deal be reached, the buyers must ensure Perry does not profit from the transaction. He said the county’s focus should not be on punishing a builder’s unwise decisions, but rather on evaluating how the land could be used to protect residents near the San Jacinto River from flooding.

“If we can help somebody that flooded because somebody upstream made a bad decision, shouldn’t we try to help them?” Cagle said. “Instead of looking at it from the terms of bailing out a developer, let’s look at helping people who have been potentially harmed.”

Harris County Judge Lina Hidalgo said she looked forward to discussing a plan that makes the most sense for taxpayers and residents who have repeatedly flooded.

The county also recently announced plans to purchase Raveneaux Country Club and convert the 200-acre site into detention basins. The Flood Control District has more capital for land acquisition than at any point in its history, since voters in 2018 passed a $2.5 billion bond for mitigation projects.

Residents support purchase

Residents who support the purchase of the Perry Homes development include Raymond Giles. The home he shares with his wife and three children flooded for the first time last May and again during Imelda last September.

“My kids have trouble sleeping when it rains,” Giles said. “If Harris County can buy this out and they can restore the wetlands that were there before Perry went in … I’m all for it.”

Giles is one of dozens of Elm Grove residents suing Perry Homes as well as Rebel Contractors Inc., which worked on the site. The homeowners allege Perry Homes filled in creeks and drainage channels, forcing water into Elm Grove.

It is unclear if the claims are accurate. Elm Grove and the vacant development sit inside the 100- and 500-year flood plains and portions of Kingwood have repeatedly flooded in the past five years. Perry Homes, in court papers, denies the allegations.

Omar Chawdhary, an attorney representing the homeowners, said the case will proceed against Perry Homes even if the firm no longer owns the property. He said his clients believe they would benefit from the Flood Control District owning the property.

Beth Guide, director of the Elm Grove homeowners association, said she encouraged local elected officials to purchase the site last summer. The previously wooded land acted as a sponge for stormwater, she said, arguing that restoring it with vegetation is the only solution.

“Should this not be done, the residents of Elm Grove will not stop fighting for their property rights,” Guide said.

zach.despart@chron.com