Why This Miami Building May Fill Quickly

MIAMI—I've gotten some interesting feedback on this series with Mark Lynn, a senior associate at the Fort Lauderdale law firm Greenspoon Mader, on the king tide. We started off this politically sensitive subject with two facts that are hard to ignore.

First, sea levels have risen at least eight inches over the past century, and are projected to rise at least another foot this century. Second, over 2 million people and 1 million homes sit within four feet of the local high tide line. That's according to a University of Miami study.

So what if the king tide rolls onto shore? What is the legal impact when a property is unusable because of flooding? That's my last question for Lynn in this exclusive interview series. You can also go back and read the earlier segments: Will So-Called King Tides Cost Us Millions?, How Cities Are Mitigating King Tides, and What You Need to Know About AAAs.

GlobeSt.com: What is the legal effect when a property becomes unusable due to constant flooding? What about a multifamily building or condominium?

Lynn: This is the uncomfortable part of the conversation. Specifically, what happens when, say, a condominium building is flooded seven or eight times in a year such that it becomes difficult, or prohibitively expensive, to live there?

What about communities like the one in the Jordan case where a relatively small community in a barrier island is under constant threat of flooding? Does the county or municipality have to pony up potentially tens of millions of dollars to protect all areas within its jurisdiction that are more flood prone? 

The law is not well settled. However, the Jordan case says, basically, that local governments have to maintain public infrastructure that they agree to maintain, even if they change their minds later. Through the courts or the legislature, there will have to be a determination as to who bears what risk, and how much.