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Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Constitutional Law

Brooklyn Law School

2018

Flood; flood insurance; National Flood Insurance Program; NFIP; FEMA; repetitive loss property; Takings Clause; Fifth Amendment; Eminent Domain; just compensation; public purpose; Insurance; moral hazard; takings; givings; givings recapture; private property; property; adverse selection; correlated losses; buyout; environment; natural disaster; flooding; hazard mitigation

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Taking Away The Tightrope: Fixing The National Flood Insurance Program Circus Via Eminent Domain, Alexander S. Mendelson Jul 2018

Taking Away The Tightrope: Fixing The National Flood Insurance Program Circus Via Eminent Domain, Alexander S. Mendelson

Brooklyn Law Review

As Harvey, Irma, Maria and other major 2017 storms washed upon the shores of the United States, millions of people across the nation in major cities and rural areas alike found their possessions, their homes, and sadly in many cases their lives, washed away with the storms. The destructive hurricane season came just as Congress began to consider the reauthorization of the National Flood Insurance Program (NFIP), a federal system of subsidized flood insurance created to fill a void left by private insurers in the 1960s. Extreme weather events such as these illustrate the need for such a program and …