Hurricane Katrina: Legal Issues - Columbus School of Law

Is there any way to recover property that has already been sold?
An owner is entitled to the proceeds of the sale if he or she proves ownership within 90 days of the sale. A state of
emergency may impact the procedures outlined by each of these statutes. Miss. Code Ann. § 33-15-17(b) (2005).
Who owns personal property that is carried onto the land of another?
As a general rule, an owner does not lose title to property just because it is lost, mislaid, or carried onto the land of
another.
Movement of Land
During a storm, land itself may shift as trees, buildings, and even soil are transferred from one person’s property to
another. A storm may change the contours of water-edged property, raising questions about land lines. As a general
rule, property rights depend on whether the movement of land is sudden or gradual. Accretion is a gradual change in
land, while avulsion is a sudden change in land caused by water movement. Ownership will not change if soil, trees,
or other parts of property shift to the land of another as a result of avulsion, or sudden movement. Events such as
hurricanes will likely be categorized as avulsive. Both doctrines are recognized in Mississippi, as well as in federal
common law. See generally, Sharp v. Learned, 14 So. 2d 218 (Miss. 1943).
What happens to property lines if land has been washed away because of water movement? What
happens when an owner gains additional land as a result of water movement?
An owner does not lose title to a part of a water-edged property that has been washed away suddenly since the
change was avulsive and not by accretion. Similarly, an owner does not gain title to property that has shifted to his or
her land by avulsive movement.
How do I prove land lines after a storm that moves soil?
Evidence such as surveys, maps, charts, expert testimony, and lay witness testimony can be used to determine
whether the process was avulsion or accretion.
Removal of Debris
As between neighbors, who is responsible for removing debris from a storm?
Each person is responsible for removing debris from his or her own property. A neighbor whose personal property
has been transferred to another’s does not have a legal obligation to remove the debris.
Does the government have a duty or right to remove debris?
In the event of a natural disaster, affected county or municipal governments may go onto private property to aid in
removing debris and to prevent further damage to such property at the request of the property owners. They may use
public equipment and provide assistance by public employees. Miss. Code Ann. § 33-15-49 (2005). In order for this
statute to be in effect, a proclamation must be issued declaring the areas to be disaster areas. In addition, governing
authorities may go onto private property to remove debris and to perform any other necessary services to prevent the
spread of disease or any other health hazard to the community at large. Upon the Governor’s order, state equipment
and employees may also be used to enter private or public land to remove debris.