Flood Damage Claims
UC Davis law professor Holly Doremus commented in the Merced Sun-Star on flood damage claims. According to the article, more than 470 people have filed claims against the city of Merced, Merced County, and Merced Irrigation District, seeking what could amount to millions of dollars for damages they say they suffered during the floods that swept through Merced in April 2006. The area suffered the brunt of the April floods, which caused $10 million in damage countywide and prompted the governor to declare a state of emergency.
Doremus, an expert in environmental law and land use law, said to win the case it must be proven that the landowners affected by the flooding were "disproportionately injured in a way that the public ought to be covering some of those costs." She said the government is not obligated to protect citizens from floods, but if cities or counties do choose to engage in flood protection they must have a "reasonable plan." She cited the 2003 Yuba County flood. The courts ordered the state of California to pay $600 million for flood damage caused by a weak levee. The ruling was a surprise to the legal community, said Doremus, and could mean that it's more likely other flood victims could collect financial compensation.