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Flooding, Eminent Domain, And Government Authority
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2021
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Description:This guide is a product of the Marine Affairs Institute at Roger Williams University School of Law and the Rhode Island Sea Grant Legal Program. Markie Morrow, Rhode Island Sea Grant Law Fellow, researched and drafted this fact sheet under the guidance of Julia Wyman, Director, and Catherine Schluter, Research Attorney. All errors and omissions are the responsibility of the Marine Affairs Institute. This study is provided only for informational and educational purposes and is not legal advice. This paper will examine the legal authority Connecticut and its municipalities have to take properties for flooding prevention purposes. Part 1 will look at how Connecticut classifies flood risks. Part 2 will explore the state and municipal eminent domain authority. It will assess the application of the eminent domain power for flood prevention purposes, as well as explain the discretion granted to the state and municipalities in determining which properties to take. Although this paper is focused on preventative flood planning, it will briefly consider emergency takings.
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Rights Information:Public Domain
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Compliance:Submitted
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