LEGAL LIABILITY FOR SOIL CONTAMINATION IN MEXICO

JOMA-MAC | The facade of the National Palace in Mexico City, once seat of the viceroy of New Spain when part of the Spanish Empire. | https://www.worldhistory.org/image/16029/national-palace-mexico-city/ | Creative Commons Attribution-ShareAlike | https://creativecommons.org/licenses/by-sa/4.0/

In real estate transactions in Mexico, considering environmental issues can be crucial due to potential liabilities and long-term consequences. Soil contamination can go unnoticed during acquisition, becoming evident later. Parties involved may be held responsible for remediation, as per Mexico’s laws, regardless of whether they caused the pollution.

It’s can be important to conduct environmental studies before purchasing or leasing property in Mexico to assess contamination risks and legal implications. Additionally, evaluating project feasibility and compliance with environmental laws at all government levels should be considered. Recognizing and addressing these environmental aspects can be important to mitigate risks and liabilities in real estate development and projects.

LA JURY HITS REAL ESTATE AGENT WITH $500K PUNITIVE VERDICT OVER CONCEALED FIRE DAMAGE

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A California state court jury in Compton, Californian, has returned a $500,000 punitive damages verdict against a real estate agent accused of concealing a home’s extensive fire damage from the eventual buyer. The jury found in favor of plaintiff Jose Jimenez for suing his real estate agent Louis Teque and Capero Investments Inc. after purchasing a home he claimed he could not live in due to fire damage. Sandoval characterized punitive damages awards in Compton as “very few and far between” and said he felt the jury reacted strongly to the idea of a community pushing back on predatory behavior by real estate agents.

SHASTA COUNTY, CALIFORNIA FIRE DESTROYS 12 STRUCTURES, FORCES EVACUATIONS

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On July 14th, a fire grew rapidly due to challenging terrain and weather in Anderson (Shasta County), California. Evacuations were forced as the flames destroyed homes, scorched vegetation and threatened a tortoise sanctuary. The fire started south of Redding, according to the California Department of Forestry and Fire Protection. The fire grew to 304 acres and burned at least 3 homes out of 12 structures that were damaged during the fire. The blaze was 25% contained shortly before 8:30 p.m. that night. An evacuation center was set up at a high school in Anderson, but officials didn't immediately say how many people were under evacuation orders.

A MASSIVE BLAZE ON NANTUCKET ISLAND HAS DAMAGED A HISTORIC HOTEL AND SEVERAL OTHER BUILDINGS

www.NBCnews.com

On July 9th, firefighters were called to a blaze on Nantucket Island, Massachusetts at 6:45 a.m.  An off duty fire captain and several others ran to the scene of the fire to evacuate guests from inside The Veranda House, a 17th-century building. All employees and guests were safely evacuated and accounted for. The fire spread to several other buildings. Firefighters were still on the scene at 2:30 p.m. and were expected to remain there for an extended period of time.

THOUSANDS OF SYDNEY RESIDENTS RETURN HOME TO ASSESS DAMAGE AS FLOOD WATERS RECEDE

TimesOfIndia.IndiaTimes.com

July 8th was the first day of clear skies after a week of rain for the residents of Sydney, Australia. Authorities are preparing to provide relief efforts as thousands of Sydney residents return home to severe flood damage. About 47,000 residents in Australia's most populous state have been ordered to evacuate or were warned they might receive evacuation orders. Trucks were sent into the flooded neighborhoods on July 8th to help remove debris, taking advantage of the calm weather conditions.

VINTON FIRE STILL UNDER INVESTIGATION, DAMAGE ESTIMATES AT LEAST $1.5 MILLION

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A fire at DR Music Center was called in on July 2nd around 2:00 am. The Roanoke County Fire Marshal reported that the fire at 101 E. Lee Avenue in Vinton, Virginia, remains under investigation. The cause of the fire is still unknown and preliminary damage estimates have reached $1,500,000. The fire involved two buildings that housed several small businesses. It was later determined that the building would be torn down due to the roof collapsing during the fire.

NOVATO ARSON SUSPECT CAUSED $300K IN PROPERTY DAMAGE: COPS

Patch.com

Novato, California, Police stated on June 27th that a series of commercial burglaries, arson, and vandalism incidents led to the arrest of Conn Michael Prescott over the weekend. The 61-year-old man of Emerald Lake Hills, California, was arrested on June 25th on suspicion of arson, vandalism, burglary, and other charges. He is being held on a $500,000 bail enhancement in the Marin County Jail after causing $300,000 in damages to the involved business.

CRISTIANO RONALDO ‘OFFERS TO PAY FOR HOME DAMAGE CAUSED BY £1.7M BUGATTI CRASH

wwnews.CryptoMatters.net

An unnamed homeowner of Majorcan, Spain, has stated that he has been promised compensation after the Manchester United Legend's rented his mansion on June 21st. The homeowner feared for his dog's life as a $1.7 million Bugatti crashed into the property on June 20th. Police have confirmed an employee of Ronaldo’s, thought to have been one of his bodyguards, was driving the sports car when it came off the road and smashed into a stone wall protecting the house.

DAMAGE ESTIMATES CLIMB FROM MASSIVE NEW MEXICO WILDFIRE

www.NYTimes.com

Gov. Michelle Lujan Grisham of New Mexico commented on Albuquerque’s largest burning fire. The fire has burned 500 square miles (1,295 square kilometers) in the Sangre de Cristo Mountain range, the southern end of the Rocky Mountains. Several hundred homes are estimated to be destroyed. Elected officials have called for the federal government to cover 100% of recovery costs.

MORE THAN 150,000 STILL WITHOUT POWER AFTER DESTRUCTIVE ONTARIO STORM

JUSTIN TANG / THE CANADIAN PRESS

On May 22nd, a storm caused property damage in Ontario, Canada, leaving several residents without power. Powerful winds broke limbs off trees and sent them through windows of nearby properties and cars. Uxbridge, along with the communities of Clarence-Rockland and the Township of Greater Madawaska, east and west of Ottawa, declared states of emergencies after the storm. At least 10 people in Ontario and Quebec died as a result of the severe weather on Saturday. Provincial provider Hydro One said on May 24th that more than 142,000 customers were still without power, while Hydro Ottawa said it had 74,000 customers without service around midday.

MORE THAN 150,000 WITHOUT POWER AFTER DESTRUCTIVE ONTARIO STORM

www.theglobeandmail.com

On May 22nd, a storm caused property damage in Ontario, Canada, leaving several residents without power. Powerful winds broke limbs off trees and sent them through windows of nearby properties and cars. Uxbridge, along with the communities of Clarence-Rockland and the Township of Greater Madawaska, east and west of Ottawa, declared states of emergencies after the storm. At least 10 people in Ontario and Quebec died as a result of the severe weather on Saturday. Provincial provider Hydro One said on May 24th that more than 142,000 customers were still without power, while Hydro Ottawa said it had 74,000 customers without service around midday.

A LANDSLIDE DESTROYED ORANGE COUNTY, CALIFORNIA HOMES 24 YEARS AGO. A DEVELOPER WANTS TO BUILD THERE AGAIN

Geraldine Wilkins–Kasinga / Los Angeles Times

In 1998, a hill below Via Estoril collapsed due to heavy rains during the winter. Properties were destroyed when they slid down the hill and the properties below the hill were damaged. Residents of the Laguna Niguel neighborhood thought no one would think to build on this location again.

Laguna Niguel Properties LLC, builder of the original Niguel Summit neighborhood, is proposing new condominiums at the base of the hill in 2022. They claim improvements have been made since the landslide to prevent future disasters. However, local residents are worried the construction will destabilize the hill, causing another landslide.

FEDERAL CIRCUIT CLEARS LAWSUIT AGAINST ARMY CORPS FOR FLOODWATER RELEASES DOWNSTREAM AFTER HARVEY

www.ClaimsJournal.com

On June 2nd, a panel of the Federal Circuit Court of Appeals reversed a US Court of Federal Claims ruling that dismissed 176 lawsuits against the US Army Corps of Engineers. The lawsuits were filed by property owners along Buffalo Bayou downstream of the Addicks and Barker Reservoirs in Houston, Texas, after the US Army Corps of Engineers emptied two reservoirs that were holding back floodwaters from Hurricane Harvey in 2017. The plaintiffs claim the government must compensate them for damages under the 5th Amendment.

DR. MICHAEL TACHOVSKY, REAL ESTATE EXPERT, SHARES WHAT TO KNOW ABOUT THE COASTAL FIRE

KESQ.com

Residents in the Orange County, California community of Laguna Niguel experienced home loss from the Coastal Fire. At least 20 homes have been reported destroyed and evacuations were ordered along the Coronado Pointe and Pacific Island Drive areas. Dr. Tachovsky cautioned, "The Coastal Fire may be a precursor for homeowners in California as we move into the warmer summer season."

Dr. Tachovsky specializes in real estate damage and complex valuation; this includes valuation issues related to a variety of conditions, such as environmental contamination, natural disasters, eminent domain, crime scenes, construction defects, neighborhood nuisances, geotechnical issues, location premiums, and other conditions involving a wide variety of property types.

EVERY HOME IN AMERICA NOW HAS A WILDFIRE THREAT SCORE

Wally Skalij / Los Angeles Times / Getty Images

Of the wildfires that have been traced by the National Oceanic and Atmospheric Administration since 1980, 66% of the damage has occurred in the last five years. The end of 2021 concluded the 7th consecutive year of insured losses above $2 billion.

First Street uses everything from property tax data to satellite imagery and assigns a wildfire risk score that factor in construction type, roof type, weather and exposure to natural fuels like trees and grass. First Street gives every home a unique score and unique probabilities of risk. They collaborated with Realator.com to include a flood score on every property as well.

‘WALL OF FIRE’ SENDS RESIDENTS OF MORE THAN 700 HOMES FLEEING IN ARIZONA

Coconino National Forest / The Associated Press

On April 20th, 19,000 acres would endure damage as a wildfire that started on April 17th tripled in size in Flagstaff, Arizona. Flames would reach up to 100 feet in height with winds up to 50MPH. The fire has damaged over 24 properties and evacuated the residents of at least 700 other properties. The National Weather Service had issued a red flag warning for April 21st and a possibility of rain on April 22nd. The National Weather Service have also stated that Arizona has officially entered the fire season. The wildfire shut down US 89, the main route between Flagstaff and far northern Arizona, and communities on the Navajo Nation.

EF-1 TORNADO DAMAGES FIVE HOMES, DISTRIBUTION CENTER IN MEBANE, NORTH CAROLINA

www.NewsObserver.com

On May 6th, an EF1 tornado caused damage to Orange County, North Carolina. Several homes and commercial buildings were damaged during the storm. The tornado traveled approximately 3.6 miles, had a maximum width of 400 yards, and wind gusts peaked at 105 miles per hour. Altogether, the storm lasted approximately 7 minutes. More than 1,000 power outages were reported in the area Friday, May 6th. However, all power has been restored as of Saturday, May 27th. One resident's property had strong winds crush their garage, and blow their roof across the street.

TORNADO HITS SOUTHEAST KANSAS, DAMAGES LOCAL YMCA

Jason Knipp / www.NewsNationNow.com

On April 29th, a tornado touched down and caused property damage to Wichita and Andover, Kansas. Wichita's local YMCA endured damage during the tornado and have released a statement claiming that they will closed until further notice. No injuries or deaths due to the tornado have been reported. Residents were able to capture video of the tornado passing through their neighborhood. 

$230 MILLION CLASS ACTION SETTLEMENT REACHED FOR DAMAGES CAUSED BY PLAINS ALL AMERICAN PIPELINE’S 2015 SANTA BARBARA OIL SPILL

KENNETH SONG / NEWS-PRESS FILES

Plains All American Pipeline, who spilled an estimated 15,000 barrels of crude oil into the Pacific Ocean in 2015, has agreed to pay $230 million to the fishing industry and shoreline residents whose properties endured damages due to the oil spill. Plains All American operated a transportation of crude oil pipeline stretching 130 miles between the Santa Barbara coast and inland refinery markets in California. In 2018, Plains All American was found criminally liable for the oil spill due to failed maintenance, extensive pipeline corrosion, and a corroded pipeline. The oil spill polluted several costal properties and harmed the fishing industry. Judge Gutierrez must give a final approval on the matter. Once the approval is obtained, class members will be notified and a court-approved plan of distribution will be created with $184 million distributed among the Fisher class and $46 million distributed among the Property class.

EATON TOWNSHIP: TORNADO CAUSES PROPERTY DAMAGE

Eaton Township Fire Department / www.MorningJournal.com

Lorain County, Ohio, experienced its first tornado of the 2022 season on April 25th. The Eaton Township Fire Department responded to Eaton Commerce Parkway at 2:30 p.m. after reports of a tornado in the area. One roof was torn from a building causing damage to multiple cars and public property. The tornado was on the ground for less than a minute and crossed 70 yards. The tornado was classified by the National Weather Service as an EFO, the weakest tornado on the Enhanced Fujita Scale.