What legal action can I take against FEMA for producing incorrect flood maps?
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What legal action can I take against FEMA for producing incorrect flood maps?
My home was recently placed in a flood zone. I literally live in the highest elevation of our town. In the old flood maps areas that were prone to flooding were removed in the new map. Areas that do not flood such as my property were placed in a flood zone. The areas that were removed from the flood zone are on or in very close proximity of a creek, and are the lowest elevations in our town. I have already tried the LOMA process through FEMA but failed, and to no wonder I am competing against a false map. Is there any legal action I can take against FEMA?
Asked on February 10, 2012 under Real Estate Law, Missouri
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
There is no legal action that you can take against FEMA for placing your home in a flood zone. However, you can contact FEMA to see what information it needs to reclassify the area where your home is located as not being in the flood. You need to understand that under flood classifications the 100 year flood plane is typically utilized with the worst case scenario. The classification of the flood plane is based upon geotechnical evidence.
I suggest that you consult with an attorney who does work with and against governmental entities concerning your question.
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