Author Topic: FEMA rules do not require Erie Canal Neighbors to purchase mandatory Flood Insurance  (Read 18 times)

Doug K

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FEMA rules are what was shared, New York State rules are what really matter for Safety & Prevention of flooding. FEMA is about a monetary protection for areas that are more prone to flooding, and it's directed to insure homes with mortgages are covered in those more prone areas.

If there was an Erie Canal flood event, caused by a blowdown, breach or earthquake,  most people affected would certainly not have flood insurance, and therefor no insurance coverage for their loss...that's pretty standard. If you think about it, fighting Canal Corporation efforts to correct issues with unsafe embankment dams on their OWN property, is just asking for trouble. Anyone responsible for that stoppage could be liable under the law, for restitution to flood victims...it's called Constructive Notice.

Right now those rules are being "reexamined" as a direct result of this Erie Canal work. Notice how the conversations are increasing between  NY Power Authority, NY Canal Corp,  and NY Dept of Conservation? It's not by accident, NYPA is saying "we have unsafe property", NY Canal is working to fix it, uncovering many dams in the process, and NYDEC is working along side to insure compliance. It will not be long before they figure oput these all need to be added to the NY State Dam Registry, which will result in mandatory 10 year inspections, above and below water, by the DEC.

NY Canal Corporation is now allowed to tell the truth, with NYPA at the helm. They have come clean on their past lapse of maintenance, and NYPA is insuring these dams do comply with Federal standards. There's only one reason for that.. protection of Erie Canal Neighbors living below these unsafe dams, and to avoid any potential litigation in the event a flood event does happen.

Constructive Notice... go look it up.... https://www.law.cornell.edu/wex/constructive_notice

Brighton, Pittsford, Perinton Town Officials... a Wayne Count Court Judge... the STCC, all of them were told about the bad, unsafe condition of the Erie Canal, just like the rest of the counties that the Embankment Project touched. We all hope a flood doesn't happen, but if one does in eastern Monroe County I am sure fingers will be pointed where some never planned.

Constructive Notice... moves the responsibility where it belongs.
« Last Edit: May 04, 2019, 09:36:21 pm by Michael Caswell »