CALIFORNIA STATE SENATE PASSES BILL TO RETURN OCEANFRONT MANHATTAN BEACH PROPERTY TO BRUCE FAMILY

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On April 27, 2021 a subcommittee of the California state Senate passed a bill to return oceanfront property that was seized by the Manhattan Beach Board of Trustees using eminent domain in 1924. The owners of the property, Willa and Charles Bruce, sued the city for $120,000 but the couple was only granted $14,500 in 1929.

Bernard Bruce, grandson to the Bruces fought to reclaim the land before dying in 2021. The Bruces’ land is estimated to be worth between $20 million and $75 million. The bill to return the land is expected to become law. The return of this land will end a 96-year fight for the Bruce family. 

Buyouts Transform Flood Prone Neighborhoods

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In August 2017, Hurricane Harvey flooded the homes of over 100,000 residents in the Houston, Texas area. Government buyouts are becoming more prevalent in the rebuilding of Houston. Currently, buyouts are only for residential properties but may be expanded to commercial property as well. Although questions are still being answered as to what will become of the land acquired through the government buyouts, the Urban Land Institute (ULI) has explained how floodplain buyouts are cost-effective in mitigating flood risks.

Harris County has placed into action a new movement to demolish any houses acquired from the buyouts that have repeatedly flooded. These demolished areas are at times being turned into public spaces. Furthermore, the county government has started a program to help relocate these homeowners, by finding new homes and helping them move in.

17 Million Gallons of Sewage Spills into Santa Monica Bay

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17 million gallons of sewage was released into the Santa Monica Bay recently resulting in the surrounding beaches of Los Angeles to close for the health and safety of the public. It is determined that the spill originated from the Hyperion Water Reclamation plant, one of the oldest operating wastewater plants since 1894. The cause of the incident has yet to be determined by officials. The beaches from El Segundo to the Dockweiler RV Park will remain closed until elevated bacterial levels have decreased.   

Spring Farm Sinking Homes Saga: Neighbourhood Divided Over Collapsing Houses

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Homes at Spring Farm, in Sydney's south west, were built over sinking ground. As the homes continue to sink, structural damage in many of the homes is becoming increasingly worse. There are also some homes are without any structural damage.

Homeowners with damaged properties believe that the way the site was filled prior to the construction stage caused the land to move and led to dangerous and costly defects. However, unaffected property owners claim it's the builders' fault. A class action lawsuit is seeking tens of millions of dollars in damages from the developers and Camden Council.

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.