A DAMAGED CUBAN CHURCH SITS ON TOP-QUALITY TOURISM REAL ESTATE

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On May 6th, an explosion in Havana, Cuba killed approximately 45 people and damaged multiple buildings including a Calvary Baptist Church. The Cuban government controls gas utilities, and the military owns the hotel, where the explosion occurred. The Calvary Baptist Church is a historic religious building that sits at the center of Cuba’s tourism industry, on Old Havana real estate. The building is considered part of Cuba’s national heritage. This means that any modifications must be approved by the government, and the exterior façade must be maintained.

VINEYARD DEVELOPER FACES FINE FOR ALLEGED ENVIRONMENTAL DAMAGE

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Hugh Reimers and Krasilsa Pacific Farms are facing a $3.75 million state fine for allegedly removing trees and destroying a small wetland on land east of Cloverdale, California. On May 9th, a complaint filed by the Water Board accused Reimers and Krasilsa Pacific Farms of also failing to abide by a 2019 cleanup and abatement order, which required them to restore the streams and wetlands. The Water Board will hold a public hearing in the first week of August on whether to approve the proposed fine.

LINCOLN HEIGHTS APARTMENT PROJECT UNCOVERS CONTAMINATED GROUNDS

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A 2021 project’s re-development of 141 West Avenue 34, an apartment building in Lincoln Heights Los Angeles, brought up a forgotten case of a American Caster Corporation toxic chemical dump in 1984. A total of 252 barrels filled with toxic chemicals were found underneath the property. Some of the barrels were nearly empty when the contents corroded through the containers and into the soil. Others were dumped into sewer lines.

The residents are demanding a new cleanup plan and accused the state of failing to properly test the chemical dumpsite and other surrounding properties underneath the Lincoln Heights neighborhood. In 2021 it was revealed that there were high levels of volatile organic compounds, or VOCs, that were more than 4000 times higher than what is recommended for safe residential standards. The former head of environmental health for the Los Angeles County Department of Public Health, Angelo Bellomo, is asking both regulators and the company planning development to pause the demolition of the building to conduct an investigation into the dumping and perform more testing and cleanup.

Number of Barrels in DDT Dump Site Is Much Larger Than Scientists Expected

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Researchers compared the number of barrels lying 3,000 feet under the surface of the ocean to stars in the Milky Way. The research crew documenting the dumpsite off the coast of Santa Catalina Island in California used sonar images to gather information on the dumpsite that turned out to be much larger than expected. 

It is estimated that as many as half a million barrels might be underwater according to records and a recent UC Santa Barbara Study. The area is known to be a DDT dumpsite.

The findings were shared in April 2021 in a U.S. congressional briefing led by Sen. Dianne Feinstein (D-Calif.), who said she plans to find out if the companies that dumped the waste can be held accountable.

Louisiana Ruling States That Legal Fees Must be Paid by Pipeline Company

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The Louisiana state Constitution states that landowners who lose property from eminent domain must be fully compensated, and a ruling from the Supreme Court now says that compensation includes paying for the landowner’s attorney and legal fees.

The ruling comes from a dispute over the Bayou Bridge Pipeline being built through landowners’ property. In 2018 the company was sued for building the 163-mile pipeline through a 38-acre piece of land in St. Martin Parish without paying landowners compensation for the land taken.  Bayou Bridge Pipeline LLC, the company building the pipeline, has already paid around $30,000 in damages to landowners and now must pay more money to landowners to cover legal fees.

This ruling is the first time the state’s high court has held that the Constitution permits litigation and attorney costs as an element of just compensation to landowners in eminent domain proceedings.

Continued Legal Action Against Limetree Bay Refinery

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Lee J. Rohn and Associates is now the third law firm in one week to file a class-action lawsuit against Limetree Bay Refinery seeking recompense for oil sprays and noxious emissions. As of May 21, 2021, over 200 residents have signed up as part of the class action.

The legal brief includes personal injuries and property damage from “unreasonable odors, gases, vapors, and fumes because of Defendants conduct in operating the Limetree Bay Refinery”. The brief also alleges the refinery to be “a blight and nuisance” that lowers the property values of residents in the area. The brief also argues that the medical monitoring and continual screening for illness causes a diminution in the value of their homes and other real properties.

The EPA published a report stating that the refinery has exceeded the emission standard for harmful chemicals multiple times, and at one time was 565 times higher than the emission standard. The EPA has investigated the refinery and found a lack of monitors for the release of chemicals. This class action also seeks an injunction that might go beyond the EPA’s says, attorney Lee J. Rohn.

Two other law firms have filed class-action lawsuits against the company seeking compensation for loss of use and enjoyment of properties.

One Year After the Atlantic Richfield Company v. Christian Ruling

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One year after the ruling in which 98 Montana landowners within the boundary of a Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) Superfund site, sought compensation in state court relating to pollution damage to their properties.

Part of the damages sought were “restoration” damages which were intended to completely restore properties to the condition prior to contamination. Montana is the only state that recognizes restoration damages.

The Supreme Court of Montana restated that the United States Supreme Court’s ruling that Atlantic Richfield may be liable for the landowners’ remediation beyond what is required under CERCLA; however, the landowners need to obtain EPA approval for the remedial work. All further work that Atlantic Richfield may be liable for needs to be authorized by the EPA.

This ruling potentially broadens the ability to challenge an EPA clean-up and it defined the scope of federal jurisdiction under CERCLA.

Homeowners Win Lawsuit Over Property Damage From Japanese Knotweed

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Residents in Carmarthenshire, England won £42,500 in compensations for damages from Japanese Knotweed, an invasive plant known for causing structural damages by growing into cracks and joints of drain pipes.

Residents reached out to the Network Rail years ago when they noticed the plants, but the company was not responsive to them. Residents sued the Network Rail for the encroachment of the invasive plant on their properties. Joann Cameron, a litigation executive at High Street Solicitors stated that: “Japanese Knotweed can cause damage to a property dependent upon how severe it is.”

$11.9 Million Settlement Reached in Parchment, Michigan Drinking Water Lawsuit

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In November 2018, a complaint was filed against 3M and Georgia-Pacific. The complaint claimed PFAS chemicals had migrated into the Parchment, Michigan drinking water supply from a former paper mill and its associated facilities. The complaint sought monetary damages for diminished property value, property damage, interference with use and enjoyment of property, stigma damages, and medical monitoring from exposure to PFAS.

A settlement of $11.9 million was reached in April 2021. The settlement class included anyone who owned, leased, rented, or resided in homes or residential properties serviced by the Parchment water system as of July 26, 2018, but has not brought individual actions for illness or personal injury based on PFAS exposure.

House Explosion in Hamilton, Canada

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On April 16, 2021, an explosion leveled a home and damaged 3 others on Bonaventure Drive in Hamilton, Canada. A large debris field was left on the property when fire crews arrived at the scene and they reported a strong odor of natural gas. The gas service was subsequently shut down and 8 neighboring homes were evacuated. Investigators estimated that the damages are around $1 million.

The Pollution Plumes of the North Pole

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On April 19, 2021, an oil refining chemical infiltrated the water of a small Alaskan town. A chemical solvent called sulfolane had spilled, contaminating the groundwater.

Sulfolane is an industrial solvent used in more than 150 locations around the world, including refineries in California, Texas, and Puerto Rico. Its human health impacts are not yet well-studied. In limited animal studies high exposures has caused hyperactivity and convulsions, developmental and reproductive problems, and death.

Linda Brown’s family finished drilling a water well, four days later they turned on the evening news to see images of an oil refinery a mile from their trailer. The Brown’s water was later tested, indicating 283 parts per billion (ppb) of sulfolane, well above the Environmental Protection Agency's (EPA) regional screening level of 20 ppb.

Australian Residents Seek Compensation for Metro Tunnel Under Their Homes

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Residents in Yarraville, Australia have taken legal action seeking up to 10% of the value of the address in compensation for a metro tunnel being dug under their homes. Adrian McMillain, a lawyer for the case states that “It comes down to the pretty basic question, ‘Would you rather buy a house that was above a tunnel or one that wasn’t above a tunnel?’.

Jacinta Allan, the Transport Infrastructure Minister, has stated that the prices of homes on these tunnels have been unaffected due to the tunnel being dug at least 15 meters underground. Michael O’Brien, the Opposition Leader, stated that the landowners should be fairly compensated if projects impact the property’s value.

McMillain claims market evidence suggests that there is a diminution in the value for the properties above this tunnel. McMillain also claims that property owners are entitled to the land to the center of the earth because the owners all have titles created before December 1891. Therefore, they are entitled to compensation for the taking of the land.

Record Rains Cause Flash Flooding in Tennessee

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On March 28, 2021, torrential rains across Tennessee flooded homes and at least one church. A portion of Interstate 40 was temporarily shut down due to high water and first responders also told drivers to avoid part of I-24 south of Nashville.

Over 34 swift water rescues were carried out and as many as 18 homes in one neighborhood had to be evacuated. Three men and one woman have been found dead.

While there was no longer any precipitation falling, flooding remained a threat as authorities expect rivers to continue to rise.