Seth wrote:piscator wrote: So now the cost of living and doing business includes paying lawyers and surveyors and new taxes and attending planning committee meetings. The family that runs and lives in the inn has done nothing to bring this on themselves.
Well, this is what insurance companies call an "act of God."
And they exclude them from coverage under most policies. This is why the US government offers flood insurance, an unprofitable part of disaster relief, to promote the general welfare and help provide for the common defense against floodwaters and other acts of God. Secularism FTW.
The taxpaying public did nothing to bring it on either, so why should they be responsible for bailing out the inn owners?
A Sandy rolls around, who's gonna clean up the taxpayer's roads and sewage systems when what's left of your home is plugging them up and you're broke?
The taxpayers will pay one way or another. A private insurance with a smaller pool of policyholders would be more expensive both before and after. And look at BP and Exxon fighting in the court system for years to lower damage payments. Do you think the representatives of insurance companies don't work as hard for their employers?
What's to stop insurance companies from raising their auto liability rates to compensate for the hit of a big storm in the property and casualty or homeowner's departments? Laws and courts?
What do the taxpayers collect in taxes from a business wiped out by a flood or the people who used to work there? The opportunity cost of a big flood disaster is epic. Better to help rebuild the cotton gin and its tax stream once every hundred years than to let it fail.
Did you know that the remains of Indian villages have been found in Puget Sound three-hundred feet BELOW sea level?
Did they have earthquake insurance?
Should we compensate that tribe for the effects of "global warming."
Do they have insurance against that? The wording of the contract would typically prevail.
Land use law is very clear on the subject, if beach erosion takes the property in front of your home and submerges it under the ocean you lose title to that submerged land and it becomes property of the United States because it lies beneath "navigable waters."
Guffaw. Riparian law is anything but clear. Boundaries usually don't change by avulsion, but may in cases of accretion and reliction they do. Then again, state laws vary. Sometimes, the federal government has to come in and build levees to help end the legal, as well as personal and economic chaos of water.
If you live along a river and the centerline of the river defines your property boundary, and the river erodes a new channel on your land, your property line still ends at the centerline of the river, wherever the river decides to move and your neighbor gets title to the newly-revealed lands.
Maybe. Maybe not. But it's best not to call a land boundary to something like that if you can help it. Usually judges decide, and they have lots of precedents for any call they want to make. States along the Mississippi have entire bodies of legal arcana devoted to state riparian boundary issues, and there's still some intra-state hostilities related to certain islands and other parcels in and along the Mississippi.
If you build near a coast line one of the perils you face is avulsion or erosion of the shoreline. If it happens, well, too bad you're just screwed because that's how life is.
Unless you live in certain parts of Washington. Then you retain title to a fee holding that has avulsed or relicted into tidal submerged land. And one of the rights accrued by the avulsion or reliction is control of not only the surface, but the rest of the water column as well.
So you can farm geoducks and oysters, and you can have a private surf break, because you own it in fee. You can also fill it or put a cofferdam out there, assuming you comply with other federal and state laws.
Then there are cases of senior boundary lines along a waterway. Then a whole parcel can move onto land someone else owns. Then it's a real legal mess, and a judge will decide.
Ft Adams, Ms. has some original city lots that were staked from the street to the river by Elicot,the same guy who surveyed and staked the Washington Mall. They started out roughly 40x100'and are now 40' wide by ~6.5 miles deep. The river took a big bend into Louisiana back before they built the levees and fixed the river. Louisiana lost the Supreme Court case by virtue of the language of the conveyances back in the 1820s.
Then there's my property called to the high tide line of Shelikof Strait on the west side of Kodiak. One of the first 200 US Surveys in Alaska, it ostensibly calls for 10.5 acres between 2 corners and a handful of meanders along a curved high tide line. But the ground rose a bit during 2 9+ earthquakes and a 30" volcanic ashfall since 1899, and the original stone monuments which demark the back and sides of my parcel are now further away from the high tide line than originally. Now in Texas, the state might hold title to the new gap formed by accretion and avulsion, but in Alaska, I still own to the tide line and so the parcel has gained acreage. Even though there is an Avulsive Act in this state that fixes the high tide line for properties at a certain date for other local properties, mine is grandfathered to the actual MHW and original monuments.
But I haven't had any need to test this legal opinion in the courts, so it's anyone's guess.
Not to muddy the waters, but anyone who claims riparian law is clear in the US is clearly talking out his ass.
