[StBernard] Questions on Oil and Demolition

[Westley Annis]

Craig and whoever else that can reply,

   I have yet to hear what Murphy is offering to do in the cases where homes
will be demolished. Many of the homes in the middle of their oil spill map
will need to be demolished. There will be no gutting and cleaning attempted
in these cases. Will Murphy take up all the soil and replace with
uncontaminated soil? Or do they think this will leave them off the hook for
any cleanup. 

   Can any legal mind out there tell me if I would disclose the
contamination to a buyer, can I sell my cleared lot and keep myself from any
liability for future health problems due to the contamination? Murphy seems
to have the homeowners sign something relinquishing Murphy from all
liablility, can I do the same?

   About Demolition - The way I read the permission for demolition form for
the free parish demolition, it is necessary to also fill out the debris
removal form. On the form it states that ANY funds a homeowner receives for
debris removal will be turned over to the parish. THAT DOES NOT SOUND LIKE
ANYTHING IS FREE. Is the parish just kidding? Are they overlooking this
statement? Do they plan to sue the homeowners at a later date when they run
out of money? 

   I had flood insurance, but not enough to cover my entire building or
contents. The flood adjuster stopped listing losses when the estimate
exceeded my policy limits. One of the easiest parts to list was debris
removal. Because my losses were well beyond my coverage, I consider the
debris removal as not included in the money I received, but it was rather
for MY losses. In addition, I see no way I shouldn't file for the ICC
coverage in order to demolish my home. I don't know if it's entirely true,
but from what I've read, if your house has to be demolished (FEMA already
inspected 60-100%) you will be paid the amount for the bulldozing, up to
$30,000.00 AND when you purchase a new house or completely rebuild, you
receive the balance of the $30,000. 

   Let's see...should I donate part of my insurance settlement to the
parish, and maybe they will also file for MY ICC coverage, or should I keep
my own money and file for my own $30,000, maybe being able to get part of
that amount too??? I don't know why any person with flood insurance would do
otherwise. I once saw something on nola.com about a man wanting to organize
others to contract a demolition company for multiple houses to get a better
price. That sounds good to me.

    When I asked the FEMA inspector if the parish was going to try and get
my ICC or insurance money, he told me he didn't think they could, and that
it was supposed to be free because FEMA was going to pay for it. Well FEMA
is who backed my flood policy that I have paid for for decades and until my
payout exceeds my own loss, that money is not to go for any debris removal
or demolition. When I asked my insurance agent what they thought, the word
extortion came into play. 

   I would really appreciate an answer on this. I'd like to know how many
people have been sending checks to the parish to have their debris removed.
If it is FREE, then remove the part about giving back the money. I am
certain not a single person with flood insurance actually received the full
(depreciated) value of anything they had covered. We need our money. Please
try to verify these issues.

Dean