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<br />. <br /> <br />---r/l~d h-0- <br /> <br />COMMON LEGAL QUESTIONS <br /> <br />Pertaining to <br />The Use of Wetlands and. Floodplains <br /> <br />. <br /> <br />1. Q. What roles do the courts play with regard to the use of wetlands <br />and fl oodp 1 ai ns? <br />A. The courts play three principal roles. First, they arbitrate <br />conflicts and determine liability when landowners increase flood or <br />drainage damage on adjacent, upstream, or downstream lands or. <br />victimize unwary buyers. The most common legal actions are suits <br />by private landowners with flood damages against other landowners <br />or government bodies based upon common law theories of nuisance, <br />trespass, negligence, or riparian rights. Damaged landowners <br />usually seek compensation for increased flood losses and injunctions <br />asking for removal of fill, dikes, etc. <br />Second, courts interpret and enforce federal, state, and local <br />rules and regulations pertaining to floodplains and wetlands such <br />as rules for payment of flood insurance and disaster assistance, <br />rules pertaining to wetland permits, floodplain zoning, building <br />codes, subdivision controls, etc. This is the second most common <br />judicial role. <br />Third, courts determine the constitutionality of statutes, rules, <br />regulations, ordinances and government actions such as acquisition <br />of property. Only a small portion of the court suits addressing <br />floodplains and wetlands deal with constitutional issues although <br />these receive the most publicity. <br /> <br />2. Q. Are private property owners liable for causing increased drainage <br />problems or flooding on someone else's land? <br /> <br />. <br /> <br />i.. c..... <br />