Posts Tagged ‘levees’

Lawsuit May Halt Work on Louisiana Levees

January 17th, 2011 by Iris | Comments Off | Filed in homeowners insurance, hurricane insurance, insurance facts

The Insurance Journal reported late last week that there is a lawsuit in process which may halt work to reinforce one of the New Orleans canals that broke during Hurricane Katrina in 2005.

On January 5th, homeowners with backyards along the 17th Street Canal filed a civil suit in state court requesting that work be halted because they claim they have not been compensated for the land where the work will take place – land, they claim, which they own.

The Army Corps of Engineers has plans to being work soon to strengthen the floodwall and levee along the 17th Street Canal, which contributed to the massive flooding of New Orleans on August 29, 2005.

In the suit, seven families are claiming that work crews would be trespassing. Their suit is based on a dispute about whether or not the backyards along the canal are private land, or part of the state’s right-of-way. The suit was filed against the Southeaster Louisiana Flood Protection Authority-East, and the Orleans Levee District.

The precedent here is unclear. In 2008 homeowners sued for the loss of trees, fences and outbuildings close to the canal levee that were removed to make the floodwalls and levee safer, and a state district judge ruled in their favor, but in 2009, the state 4th Circuit Court of Appeal overturned their compensation claims. The new suit brings up similar issues, but seeks to stop work until they are resolved.

The corps plans to improve the canal’s strength by pouring cement deep into the ground to build a subsurfance wall, and to build a new embankment wall along the canal.

Randy Smith, a lawyer for the homeowners explains, “One of our founding principles is no taking of private property without just compensation. No one is against hurricane protection. Our point is, you can take land, but the way you take land is you pay for it.”

Meanwhile, Thomas Anzelmo, Sr., who represents the levee agencies, said that the appellate court was “pretty clear” when it ruled that the state has a right of way along waterways like the 17th street canal. He said the state was merely granting a “right of entry” to the Army Corps, which would be doing the actual work.

Nancy Allen, a spokesperson for the corps said that the new lawsuit is not expected to delay work along the canal. She said that the work is scheduled to be completed by the June deadline set for upgrading New Orleans’ levees. June 1 marks the beginning of hurricane season.

A hearing before Civil District Judge Kern Reese has been set for Jan. 14.

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FEMA Discounts Flood Insurance for Homeowners Affected by Remapping

May 24th, 2010 by Iris | Comments Off | Filed in flood insurance, insurance news

Homeowners across the United States who are concerned that they may be required to purchase flood insurance due to a recent push to redraw floodplain maps can relax a little; they’re being offered the mandatory coverage at a deep discount for two years.

Senator Dick Durbin of Illinois said recently that the Federal Emergency Management Agency(FEMA)’s decision to offer lower rates on properties affected by changes to the flood maps significantly reduces the financial impact to property owners in southwestern Illinois and other affected regions, at least for now.

FEMA has agreed that up to two years’ eligibility for the National Flood Insurance Program’s lowest-priced option, the Preferred Risk Policy, will be offered to small businesses and homeowners on any land that falls into the newly designated special flood hazard areas. Once the redrawn maps take effect – either this fall or early next year – those rates will be available.

The savings provided by the special rates are not insignificant. The yearly premium for a homeowner under the preferred risk program is around $300, as opposed to the $1,200 – $1,500 premium they might pay otherwise, said Les Sterman, an administrator of a flood-protection district that includes three Illinois counties near St. Louis.

Sterman said that the lower premiums, “… are quite reasonable, and everyone in the area should buy insurance at those rates. It’s considerable relief to a point, obviously.” He also warned that larger companies will still have to shop the open market for their coverage, at a price he estimates to be about $30 million/year in his region.

In a statement to the press, Senator Durbin said that FEMA’s decision was “…only a temporary solution…” ensuring that homeowners “…will at least be financially protected at an affordable price in the event of a flood.” He said that the long-term solution is “… to bring the levees into a good state of repair.”

For the last six years, FEMA has been working on modernizing their maps, including digitizing levee locations in order for crisis handlers to have instant, electronic access to information about man-made hazards. In the aftermath of 2005′s Hurricane Katrina – and the resultant sharp criticism of FEMA and the Army Corps of Engineers with regard to the levees in New Orleans – the organization grew bolder, offering a lesson about getting serious in fixing the levees.

Currently, FEMA is assessing whether levees can handle a baseline 100-year flood – that’s an inundation so large that there’s only a 1 percent chance of such a flood in any given year. This scenario is FEMA’s threshold for classifying an area as “high risk.”

The agency’s effort has caused angst in many of the country’s levee-protected areas, including Sterman’s district, where there are 64 miles of post WWII levees that were built to weather a 500-year flood – one with a .02 percent likelihood of happening in any given year.

The Army Corps of Engineers, however, believes the Mississippi River defenses in Illinois require hundreds of millions of dollars in repairs and fixes in order to meet FEMA’s standards before the new maps are released and show the levees to be functionally useless, and that’s money and time the agencies in charge of levee management simply don’t have, and such a downgrade would force those homeowners in the region who have federally-backed mortgages to buy flood insurance, even if they’ve never been flooded before.

FEMA’s authority to require the insurance comes from the 42-year-old National Flood Insurance Program that Congress enacted as a result of the public’s inability to get privately backed insurance for flood losses.

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