Rebuilding in Place after the Flood: Does Law Provide an Answer?

The psychology and politics of private property rights in the United States have coalesced into strong advocacy for postflood rebuilding in place in climate-vulnerable coastal areas or receiving compensation for giving up that “right.” Individuals and businesses located in such vulnerable areas are, understandably, deeply invested financially and emotionally in their properties. In many cases they may have occupied their homes or operated their businesses for decades, if not generations. Now they and society as a whole are faced with a new and disquieting reality: flood conditions that trigger questions about how owners should inhabit such areas or, indeed, whether they should inhabit such areas at all. This is a legal issue, a political issue, and an ethical issue bound together as one.