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Evolution of Liability for Flood Damages: Where are We Now?

Real Estate Issues 2003, Winter, 28, 4

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Changing weather patterns and several recent catastrophic storms have highlighted the collision between urban redevelopment, suburban expansion, "sunbelt" or "greenfield" growth, and changing governmental philosophies regulating drainage. A population explosion in the Gulf Coast area has exponentially magnified problems with urban sprawl and severely taxed existing drainage and storm water infrastructure resources. Increased demands for commercial and residential housing necessitate funding and building additional flood and storm water control structures. When a neighborhood floods, companies that were engaged in newer upstream commercial and residential real estate development, manufacturing and industrial expansion or modification, property management, design engineering and construction become targets for criminal and civil litigation. While governmental units responsible for drainage management are often able to assert sovereign immunity and other legal protections to limit or eliminate their exposure, developers, engineers, builders, and manufacturers are faced with the task of defending themselves in costly litigation against whole neighborhoods. These neighborhood suits routinely raise complex practical and legal issues regarding the use, ownership, drainage and disposal of water. They are often complicated by antiquated flood control policies or conflicting flood plain and storm water management issues, political tug-of-wars, lack of public financing, governmental immunity defenses and scientific data gaps. At the same time, protection of the environment and real property interests compete at the courthouse regarding land and water use. The result is a growing number of costly claims and lawsuits concerning construction, engineering, drainage, flooding, wetlands destruction, downstream water rights, and water quality.

Evolution of Liability for Flood Damages: Where are We Now?
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  • 2,99 €
  • Available on iPhone, iPad, iPod touch, and Mac.
  • Category: Business & Personal Finance
  • Published: 22 December 2003
  • Publisher: The Counselors of Real Estate
  • Print Length: 12 Pages
  • Language: English
  • Requirements: To view this book, you must have an iOS device with iBooks 1.3.1 or later and iOS 4.3.3 or later, or a Mac with iBooks 1.0 or later and OS X 10.9 or later.

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