Nearly every week OCA receives one or more phone calls from concerned property owners relating to flooding or other water related events causing significant damage to their property. With climate change and global warming placing ever increasing burdens on our aging public infrastructure, these complaints are likely to continue and even increase. Indeed, OCA member Randall Smith (whose practice in lowlying Louisiana places him at the forefront of this issue) recently won a lawsuit against the City of Mandeville over a municipal drainage project’s impact on land owned by Hilda Maestri Landry. Randall’s lawsuit alleged that the project altered the natural flow of the Ravine Au Coquilles, also known as No Name Bayou, so that it overflowed its natural banks to impact the Landry property. In the court’s judgement recognizing the legitimacy the claim, instead of awarding damages, the court ordered the city to dig out part of the ravine, place backfill, and install pipes to correct the problem. The court also directed the city to do the work with oversight by the owner’s expert and to pay all costs incurred by the landowner. If you are experiencing a floodng event that you believe is the result of government actions, reach out to an OCA member or read this helpful article on OCA’s website, entitled,“My Property is Being Flooded–Is That a Taking That I Can Be Compensated For Under the Constitution?”
Affirmed on appeal.