Hurricane Katrina: Legal Issues - Columbus School of Law

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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.
Liability for damages Does a property owner have a right to sue another property owner whose property, debris or trees were transported to his land by a storm? Probably not. Although adjacent property owners generally have a duty to exercise reasonable care and remove dangerous conditions from their property, no one is liable for an injury caused by an act of God. This includes an injury due directly and exclusively to natural causes without human intervention, which could not have been prevented by the exercise of reasonable care and foresight. City of Hattiesburg v. Hillman, 76 So. 368, 370 (Miss. 1954). What if an owner’s property is damaged by a neighbor’s tree that was dead before the storm? Visibly dead or decaying trees are an exception to the act of God rule. A city or property owner that has actual knowledge (i.e., visible signs of defects or a dangerous state) will be held liable for damages if they failed to exercise ordinary due care before the storm. Warren v. City of Tupelo, 194 So. 293 (Miss. 1946). Can the state be held liable for property damage as a result of their emergency management activities? Neither the state, nor any of its political subdivisions, nor other agencies, or their respective agents, employees or representatives can be held liable for property damage, except in cases of willful misconduct, if they are complying with the Emergency Management Law. Miss. Code Ann. § 33-15-21 (2005). Are government authorities involved in the clearance and removal operation liable for personal injury or property damage incurred as a result of their actions? Under the Emergency Management Law, a state employee or agent performing duties related to a removal operation is not liable for property damage except in cases of wilful misconduct, gross negligence, or bad faith. Miss. Code Ann. § 33-15-49 (2005). If I voluntarily open my property as a shelter during a natural disaster, am I liable to others for any resulting personal injury or property damage? Any person who voluntarily and without payment allows property to be used as a shelter or who provides assistance to persons during or in recovery from an actual natural disaster, cannot be held liable for causing the death or injury of an another person. Miss. Code Ann. § 33-15-21 (2005). Use of private property by others When may an individual in an emergency use the property of another? The defense of criminal necessity allows an individual to use the property of another without liability for trespass. The defense requires that individuals: (1) must have sought to prevent a significant evil; (2) had no adequate alternative; and (3) the harm caused must not have been disproportionate to the harm avoided. McMillan v. City of Jackson, 701 So. 2d 1105 (Miss. 1997). The defense of necessity ceases if other alternatives (such as shelters) become available to the person. McMillan v. City of Jackson, 701 So. 2d 1105 (Miss. 1997). When may an owner or occupant use force to remove trespassers?
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Page 3 and 4: 5.1 Homeowner's Insurance 5.1.1 Cov
Page 5 and 6: 7.1.2 Who Is Eligible To Receive Fo
Page 7 and 8: 10.1 Child support 10.1.1 Are FEMA
Page 9 and 10: 10.6.4.1 Right to remain silent 10.
Page 11 and 12: 14.1.5 If I have a client that has
Page 13 and 14: website are urged to seek individua
Page 15 and 16: landlord to be released from his or
Page 17 and 18: (1) the landlord has a written leas
Page 19 and 20: the loan and the fees associated wi
Page 21: General suggestions. Contact Your M
Page 25 and 26: from its foundation. What if damage
Page 27 and 28: If the mortgagee (bank) is named in
Page 29 and 30: used. A company should be able to f
Page 31 and 32: esources of state and local governm
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Page 35 and 36: Yes, FEMA is authorized to accept l
Page 37 and 38: eceipts to FEMA through the IHP pro
Page 39 and 40: from FEMA, you must repay the amoun
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Page 43 and 44: MEDICAID, CHIP, WIC What Is Medicai
Page 45 and 46: What Is WIC? WIC is The Supplementa
Page 47 and 48: How Do I Replace My Social Security
Page 49 and 50: should contact the state Department
Page 51 and 52: Self-employed individuals who lost
Page 53 and 54: 146.113(b)(2) (2004). What health i
Page 55 and 56: The FMLA provides an option for emp
Page 57 and 58: award. A decrease in child support
Page 59 and 60: How does the foster care system wor
Page 61 and 62: What are the criteria for appointin
Page 63 and 64: When, or under what circumstances,
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Tell your child to show respect, bu
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Check out the charity's financial i
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If your car was submerged or standi
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hurricane that live outside of the
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Because of the difficulty in comfir
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Hurricane Katrina: Legal Issues - Columbus School of Law

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