A Levee Policy for the National Flood Insurance Program (1982) / Chapter Skim
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'LIABILITY OF LOCAL GOVERNMENTS AND LEVEE DISTRICTS CONCERNING LEVEE MAINTENANCE AND FLOODPLAIN MANAGEMENT'
'LIABILITY OF LOCAL GOVERNMENTS AND LEVEE DISTRICTS CONCERNING LEVEE MAINTENANCE AND FLOODPLAIN MANAGEMENT'
Pages 33-38
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From page 33... ...
It is suggested that minimizing the possibility of liability awards to floodplain occupants or to FEMA itself to recoup flood costs is a potentially useful tool for promoting national flood loss reduction objectives within the local communities. Adoption by municipal governments of a program of constructing flood control levees raises questions of potential liability for any flood damages that result from improper design or maintenance of such systems.
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From page 34... ...
Many states by statute or case law have abrogated the doctrine in favor of a broader scope of municipal liability to those suffering harm as a result of public actions. Recent decisions involving flood and drainage considerations do not generally discuss the distinction but turn immediately to the question of "proximate cause" of the harm, e.g., did the action of the municipality cause the harm suffered by the plaintiff.
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From page 35... ...
The defendant county had failed to maintain its debris basin behind the dam with the result that only 2.5 acre feet of its original 12.7 acre feet of water storage capacity remained at the time of the storm. The trial court held the county liable for negligence to the extent of 12.1 percent of the plaintiff's proven damages, according to the court's estimate of the increased flooding due to clogging of the debris basin.
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From page 36... ...
in the Federal District Court for the Eastern District of Louisiana against two parishes, four levee districts, and several private developers. The purpose of the suit is to recover some $91 million in flood insurance payments by FEMA to persons suffering flood damage allegedly as a result of the collective negligence of the defendants in operating and maintaining flood control and drainage facilities.
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From page 37... ...
. However, two recent state decisions have held local governments liable where they closely participated in or encouraged the private development process that altered natural flooding patterns.
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From page 38... ...
. It is therefore apparent that civil liability for flood damages is becoming increasingly important as a tool by which local governments and special districts may be compelled to design and operate flood control and drainage facilities properly and to administer their other corporate powers in accordance with hydrologic realities.
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