Management

A COMPARATIVE LOOK AT PUBLIC LIABILITY FOR FLOOD HAZARD MITIGATION

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Despite the expenditure of more than 200 billion nationally for dams, dikes, levees, and other flood control structures, flood losses in the U.S. continue to rise. Rising losses are accompanied by increased “liability” suits. Private landowners who are damaged by floods increasingly file nuisance, trespass, negligence, or “taking” claims against governmental entities claiming that governments are responsible for flood or erosion losses. In one levee breach suit alone in California, 3000 landowners are recovering 464 million dollars from the state in damages for defective levees. 1 More than 250,000 claimants in New Orleans and along the Mississippi and Louisiana coasts have filed suites for more than 285 billion dollars against all levels of government for flood damages caused by Hurricane Katrina.2
Most of the successful suits based upon flooding or erosion occur when governments interfere with flood flows or drainage by fills or grading or flood and erosion control structures (e.g., dikes, dams, levees, groins, seawalls, stormwater systems). Private landowners often sue governments for increasing hazards on private lands by the construction, operation, or improper maintenance of structures on adjacent lands. Structures may divert floodwaters onto other properties and increase natural hazards in some circumstances although they may decrease them in others. For example, dams and levees may burst or be overtopped when their design capacities are exceeded although they provide protection for smaller floods. Stormwater systems often flood streets and basements when improperly designed or maintained or their design frequencies are exceeded. Sea walls and groins often accelerate erosion on adjacent lands.

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Publisher

: ., 2001

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1-52

Language

English

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NONE

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A COMPARATIVE LOOK AT PUBLIC LIABILITY FOR FLOOD H

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