Whether federal law establishing the National Flood Insurance Program conflicts with and preempts Article I, Section 17 of the Texas Constitution when local governments enforce flood management regulations

Federal law s creating and implementing the National Flood Insurance Program (“NFIP”)1 require that, to qualify for federal flood insurance, local governments must attempt to reduce flood losses and the NFIP’s financial burden by enacting and continuously enforcing floodplain regulations making local properties that are covered or eligible for coverage under the NFIP increasingly flood resilient. Texas law also mandates that local governments enact such regulations to qualify for the NFIP.2 The question presented is, therefore : Whether federal law s establishing and implementing the NFIP, when operating as intended, conflict with and thus preempt Article I, Section 17 of the Texas Constitution, as applied to a Texas property owner’s claim against local government to recover the alleged diminution in property value result ing from the local government’s alleged “taking ” or “damaging ”3 the property owner’s property by enforc ing local flood management regulations enacted to comply with NFIP requirements? 1 See, e.g., 42 U.S.C.A §§ 4001 -4128 (multiple codified statutes creating and implement the NFIP) ; 44 C.F.R. § 60.1(a) (federal regulations mandat ing “adequate” local flood management regulations) & infra