Tag: louisiana

The Loss of Louisiana Marshes to Sea Level Rise Puts New Orleans Real Estate at Risk

Over the course of the last several decades, people have come to recognize the value of coastal marshlands as both incubators of aquatic birds and marine life and as buffers to floods and storm surges that can quickly inundate valuable real estate. A recent study published on the American Academy for the Advancement of Science’s Science Advances website reached the troubling conclusion that sea level rise is occurring at such a fast pace that the marshes that protect New Orleans and surrounding communities could vanish beneath the waves in the next fifty years.

Scientists studied over 8,000 years of marsh history to determine that the marshes have reached a “tipping point” where they are being consumed by the ocean faster than they can adjust to higher sea levels. The study’s lead scientist, Torbjorn Tornqvist, a professor of geology at Tulane University, told the Washington Post that even with efforts to reduce the production of earth-warming greenhouse gases, the marshland’s fate could be sealed. “We know the rate of sea level rise, even with the best action you can imagine, it’s still going to ramp up further,” he said. “Given the slowness of the ocean responses, it’s going to last for a very long time.”

The ocean has been gnawing away at the protective marshlands for decades. Experts blame the loss on the penning in of the Mississippi River channel, which used to spread land-building sediment broadly across the river delta, and on channels cut through the marshes for petroleum company pipelines. Louisiana is trying to reverse some of the damage by diverting some of the river’s sediment-rich flow out of the manmade channel and onto adjacent lands.

Professor Tornqvist sees this as a way to buy time that ultimately won’t save the city from inundation. “I think a couple of decades is incredibly valuable,” he said, “because it could be the difference between a somewhat managed retreat verses complete chaos.”

The researchers believe their study could prove valuable to all coastal communities that rely on marshlands as a buffer against sea level rise flooding and storm surges. “Our findings highlight the need for consideration of longer time windows in determining the vulnerability of coastal marshes worldwide,” they wrote in their study abstract.

The takeaway for buyers and owners of real estate in coastal areas protected by marshlands is to recognize that they’re not wastelands but a critical part of the ecosystem that protect their property from flooding. With that in mind, it’s important for them to learn about the health of the local marshes as well as their predicted life-expectancy under pressure from sea level rise.

Louisiana, a Top Fossil Fuel Producer, Announces Plans to Combat Climate Change and Sea Level Rise

Louisiana Governor John Bel Edwards held a press conference this week to announce his administration’s plans to combat climate change and sea level rise. The announcement was especially notable because it was made in a state that’s a major producer of oil, gas and petrochemicals.

“Science tells us that rising sea level will become the biggest challenge we face, threatening to overwhelm our best efforts to protect and restore our coast,” said Gov. Edwards, who spoke at the Louisiana State University Center for River Studies in Baton Rouge. “Science also tells us that sea level rise is being driven by global greenhouse gas emissions.”

According to an article posted on NOLA.com, the governor announced the creation of a Climate Initiatives Task Force that will recommend concrete steps that the state can take to reduce greenhouse gas emissions and handle the increased flooding that’s sure to occur as seas continue to rise in the decades to come.

Louisiana is facing a difficult challenge. The Environmental Integrity Project reported in January that in 2018 alone three plants emitted 764 million tons of greenhouse gases, which are driving global warming. That’s an 8% increase over 2016. The group said industrywide plans to expand facilities in the state could increase release of the heat-trapping gases by almost a third by 2025.

Edwards said the state will work with energy and petrochemical companies to find solutions to climate change. He said he’s also appointing a chief resilience officer to make all state agencies aware of what’s being done to combat climate change and sea level rise.

Some environmental groups applauded the governor’s announcement. “To protect the future of our state, we must do everything we can to limit the rate of sea level rise,” Steve Cochran, an Environmental Defense Fund official, told NOLA.com. “We must adapt to changes that are already occurring along our coast, and we must think long term about our jobs. …. This is what progress looks like.”

Does Your State Require Real Estate Sellers to Disclose Sea Level Rise Flooding?

Each state has different requirements regarding a seller’s obligation to disclose sea level rise flooding issues to buyers in a real estate transaction. Not being aware of a state’s seller’s disclosure law can put buyers, sellers and even real estate agents at great risk.

Some states, like Louisiana, are very stringent. Sellers have to tell a buyer if a property floods, the source of the flooding, the type of damage the flooding causes, and whether any flood insurance claims have been filed. The last point is important because there have been cases where buyers have purchased a property and not been aware of a flooding issue. When the property floods and they file a claim, the past claims can be used against them and their insurance rates can skyrocket.

Other states, like Virginia, are pretty much the wild west when it comes to seller’s disclosures. Basically, sellers don’t have to disclose anything, and it’s up to buyers to find out what’s going on.

Florida lies somewhere in the middle. The state requires sellers to disclose defects that they’re aware of that materially affect the value of a property. This could be construed as meaning they’re required to inform buyers if a property experiences flooding. But in all actuality, the language is so non-specific that the state’s insurers are expected to lobby for legislation this year that’s more in line with Louisiana’s detailed level of disclosure.

Strong seller’s disclosure laws protect buyers, sellers, and real estate agents. Buyers, of course, are protected because they’re informed about sea level rise flooding issue BEFORE they make a purchase. Sellers are protected because they will know exactly what’s they’re required to tell the buyer. This can help them to avoid lawsuits for failure to disclose flooding. And real estate agents are protected because they, too, will know what’s expected of them, and they’ll be able to provide better advice to their clients.

A note of caution: Even in states that have strong seller’s disclosure laws, buyers should find out from more than one source if a property or neighborhood floods. Buyers should ask the seller to order a Comprehensive Loss Underwriting Exchange report from their insurer. The report will tell the buyer if any claims have been filed with most insurers in the last 5-7 years. Strolling the neighborhood and asking residents if the property or neighborhood floods can also yield valuable information.

The Natural Resources Defense Council has an excellent online map that features information about each state’s seller’s disclosure law. There’s also more information about this important issue in “7 Sea Level Rise Real Estate Questions.”

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