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- Climate change (1)
- Coastal communities (1)
- 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 (1)
- Retreat (1)
- Sea level rise (1)
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Articles 1 - 2 of 2
Full-Text Articles in Disaster Law
Taking Away The Tightrope: Fixing The National Flood Insurance Program Circus Via Eminent Domain, Alexander S. Mendelson
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 …
Sink Or Sell: Using Real Estate Purchase Options To Facilitate Coastal Retreat, Richard T. Henderson
Sink Or Sell: Using Real Estate Purchase Options To Facilitate Coastal Retreat, Richard T. Henderson
Vanderbilt Law Review
Despite the political contention surrounding climate change, scientists almost universally agree that sea levels are rising and will continue to do so. In light of this inevitability, commentators and policymakers have begun to recognize that retreat-the withdrawal of people and development from coastal areas will become necessary, at least in certain areas. Even so, many still question the viability of retreat given the exorbitant economic, political, and legal costs it generally faces. In particular, hardline opposition to retreat runs strong among many coastal landowners. This Note introduces a device for implementing retreat with the potential to overcome these obstacles: real …