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' The Problem or Subsitlence <br />• <br />Slt'lTZERLAND <br />Subsidence occurs only in the Schweizerhalle re- <br />gion and compensation is covered by Cantonal <br />law and the Civil Code on Vicinity rights. <br />Subsidence (ott a scale much less than that <br />which occurred at the end of the last century) <br />occurs in parts of Cheshire, Staffordshire and <br />Worcestershire. It is most tsidespread in <br />Cheshire, where Acts of Parliament have ensured <br />the compensation of private property owners <br />since 28th Jul}•, 1891. Agitation from property <br />otsners started in 1871. The current legislation is <br />the Cheshire Brine Pumping (Compensation for <br />Subsidence) Acts of 1952 and 1964, the work- <br />ings of rthich are described in more detail later. <br />Pt,blisltcd information on subsidena• problcnu. <br />In the last fe~v decades, a number of papers have <br />been published on subsidence problems-their <br />cause and avoidance, and the tninimization of con- <br />sequent proper[}• damage. \lany of the papers on <br />the latter subject refer to subsidence caused by <br />conventional mining operations for coal and min- <br />erals of all sorts, but the information and advice <br />given is equall}• applicable to structures built in <br />area; subject to subsidence caused by the leaching <br />of salt beds 1} ing near the surface. <br />in this connection, it is of interest to observe <br />that similar traditional structural designs have been <br />evoh'ed over the centuries in widely separated areas <br />of Europe subject to subsidence. The characteristic <br />feature, shown by houses built 400 or more years <br />ago, is the use of framing, not only' above ground <br />but also in the foundation. The resultant structure <br />is essentially a box which can and does tilt when <br />the ground beneath it settles irregularly and the <br />integrity of the structure is thereby preserved. <br />Structural designs currently recommended incorpo- <br />rate the same principle. <br />On the legal aspects of compensation for subsid- <br />ence damage and the technical aspects of defensive <br />and corrective measures, British law and practice <br />are high!}' developed and are illustrated by the <br />working of the "Cheshire Brine Subsidence Com- <br />pensation Board." <br />The Cheshire Brine Pumping (Cntnpcnsation Eor <br />Subsidence) Act 1952, covers the follo~s~ng princi- <br />ple points:- <br />1. The Act covers a defined area of Cheshire only. <br />Figure ~. <br />2. A Compensation Fund is established and fed by <br />levies (baud on quantity extracted) on all Brine <br />•IIWII{{ Y1~[ R.V~~4 <br />RlavrNMTMM nl{ Y'e11yNl'[I <br />YLL <br />•l <br />Figure 5. <br />Pumpers; natural brine pumpers pay three times <br />as much per unit volume of brine pumped az <br />those w•ho practice controlled solution. <br />3. The Fund is administered by a Board (which <br />meets monthly) consisting of fifteen members <br />who represent, in equal numbers, the Brine <br />Pumpers, the Cheshire County Council and <br />Local Authorities in the areas concerned. <br />4. Private property owners (Public Undertakings <br />are debarred from claiming) alleging damage <br />due to subsidence, give notice in a prescribed <br />manner within six months of damage becoming <br />apparent. <br />5. IE the Board, on the basis of reports by its Sur- <br />ceyors, confirms that the damage was caused by <br />subsidence, compensation is awarded on the <br />basis of adjudicated claims for the incurred <br />costs of repair or renewal. <br />6. Continuing claims can be commuted for a lump <br />sum pa} ment. <br />~. The Board may make recommendations regard- <br />ing the design of new• property to be built in the <br />compensation district, so as to minimize dam- <br />age due to subsidence and Facilitate its correc- <br />tion. In such cases, financial assistance for the <br />extra cost ma}' be granted by the Board. <br />i <br />