News & Analysis as of

Flooding Property Owners

Mitchell, Williams, Selig, Gates & Woodyard,...

Water/Aquifer: California Appellate Court Addresses Whether Captured Flood Waters Constitute Personal Property

A California Court of Appeal (Fifth District) (“Court”) addressed in a March 14th Opinion whether water in an aquifer could be personal property. See Sandton Agriculture Investments III, LLC, v. 4-S Ranch Partners, LLC, 2025...more

Patton Sullivan Brodehl LLP

How Far Must the Owner of a Right-of-Way Easement Go to Maintain It?

California law is clear that the owner of a private right-of-way easement has a duty to maintain the easement.  What is less clear is how far that duty to maintain may stretch...more

Bradley Arant Boult Cummings LLP

Understanding the FEMA 50% Rule

Following Hurricanes Helene and Milton, impacted homeowners have received correspondence from their local building officials notifying the homeowners that their property is affected by the 50% Rule. Sometimes these are...more

Saul Ewing LLP

Mandatory Disclosure Rules for All New Jersey Sellers and Landlords of Residential, Commercial and Industrial Property

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Introduction - Flood risks in New Jersey are growing due to the effects of climate change. Coastal and inland areas may experience significant flooding now and in the near future, including in places that were not previously...more

Orrick, Herrington & Sutcliffe LLP

HUD announces FFRMS final rule

Recently, HUD announced a final rule to implement the Federal Flood Risk Management Standard to “protect communities from flood risk, heavy storms, increased frequency of severe weather events and disasters, changes in...more

Holland & Knight LLP

New Jersey Expands Real Property Owners' Flood Notification Obligations

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New Jersey Gov. Phil Murphy signed into law the Flood Risk Notification Law (P.L. 2023, c.93) on July 3, 2023, amending the Truth-in-Renting Act (P.L. 2001, c.313) and supplementing the Consumer Fraud Act (P.L. 1960, c.39),...more

Genova Burns LLC

New Jersey’s New Flood Risk Information Law Goes Into Effect: Penalties for Nondisclosures In Sales and Leases (both Commercial...

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Beginning on March 20, 2024, the new NJ law requires sellers of real property and landlords to make disclosures regarding known and potential flood risks in purchase and sale agreements and new leases and renewals. ...more

(ACOEL) | American College of Environmental...

The Conundrum of Managed Retreat

In the climate change resilience space, there is much talk of Managed Retreat – the concept that some areas will be so inundated with recurrent flooding from sea level rise, increasingly severe storm events, and outdated...more

Pullman & Comley - For What It May Be Worth

Climate Change and Property Values

The September 12, 2022 issue of the Virginia Mercury reports that "as sea level rise shifts tidal lines along the nation's coast, local governments face potentially steep drops in tax revenue as a sizeable amount of...more

J.S. Held

FEMA’s Commonly Misinterpreted ‘50% Rule’

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Did you know that a residential structure is three times as likely to experience a flood than a fire over the 30-year life of a mortgage? In fact, flooding is the most common type of natural disaster in the United States and...more

Gould + Ratner LLP

Owners and Developers Beware: FEMA Flood Insurance Program Is Changing Along With the Climate

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One of the issues contributing to an increasingly volatile construction space for owners and developers is the cost and availability of insurance during and after construction of a project. As a result of accelerated climate...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Water Intrusion/Flooding: Property Owner Files Action Alleging Breach of Contract in Garland County, Arkansas, Circuit Court

Steve Fletcher and Valerie Fletcher (collectively, “Fletcher”) filed a Complaint against Joel C. Walker, Individually and as the Trustee of the Joel C. Walker Trust and the Joel C. Walker Trust (collectively, “Walker”) in...more

Nossaman LLP

“Public Improvement” Narrowly Defined to Limit Inverse Condemnation Liability

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Since the California Supreme Court’s 2019 Oroville decision, which narrowed inverse condemnation liability for public agencies, several court decisions have followed suit. ...more

Harris Beach Murtha PLLC

Natural Disaster Forces Critical Decisions For Municipalities And Residents

Last year, we wrote a post to mark the sixth anniversary of “Superstorm Sandy,” a Category 1 storm that made landfall in October 2012. We also shared a preview of this year’s series of posts on extreme weather, and its impact...more

Tucker Arensberg, P.C.

Our “Common Enemy”: Where to Turn After Flooding Or Water Damage

Tucker Arensberg, P.C. on

While California continues to be ravaged by wildfires in recent weeks, Western Pennsylvania residents have been dealing with the opposite problem over the past year: intense rainfall and flooding. According to the National...more

Pillsbury - Gravel2Gavel Construction & Real...

Fifth Circuit Upholds Dismissal of Complaint for Actions and Inactions of City of Houston

On May 22, the U.S. Court of Appeals for the Fifth Circuit, in an unpublished ruling, affirmed the District Court’s dismissal of a complaint that the actions and inactions of a City of Houston tax reinvestment zone, as well...more

Pillsbury - Gravel2Gavel Construction & Real...

Court of Federal Claims Will Determine if U.S. is Liable for “Taking” Hundreds of Missouri River Properties Damaged by Severe...

Many lawsuits have been filed in the U.S. Court of Federal Claims alleging that the U.S. Army Corps of Engineers’ (Corps) management of the Missouri River flood control system has resulted in the serious flooding of many...more

Pillsbury - Gravel2Gavel Construction & Real...

FEMA and New York City are Redrawing the City’s Flood Maps

The Federal Emergency Management Agency (FEMA) and New York City have announced that they will be working together to update the City’s flood flood-300x200maps. The need for updating FEMA’s flood maps has become more than...more

Akin Gump Strauss Hauer & Feld LLP

HB 1774’s “Hail Bill” and Hurricane Harvey-Time for Action

• Action Item #1: Insureds should try to report claims for all property damage, including those caused by Hurricane Harvey, by no later than August 31, 2017, in order to avail themselves of the opportunity for an 18 percent...more

Nossaman LLP

California Supreme Court Petitioned to Resolve Split in Authority Regarding Inverse Condemnation Liability in Sewage Backup Cases

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The City of Oroville (“City”) has petitioned the California Supreme Court for review of an unpublished Court of Appeal decision, City of Oroville v. Superior Court (2017) 2017 WL 2554447 (Third District), finding the City...more

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