Between 1923 and 1947, Arkansas Power & Light (AP&L) constructed dams on two Arkansas lakes, Hamilton and Catherine. The company obtained “flood easements” on property adjoining the lakes. The easements permitted AP&L to “clear of trees, brush and other obstructions and to submerge by water [the adjoining land].” AP&L properly recorded its easements.
In May 1990, extraordinarily heavy rains fell, and water reached the highest levels ever recorded. AP&L opened the gates of one dam, called Carpenter, causing water to rise 25 feet. This flood caused massive damage to the landowners’ real estate. Several dozen landowners sued, claiming that AP&L was negligent in opening the dam and in failing to warn homeowners of their intended action. The United States District Court granted summary judgment for AP&L, and the landowners appealed.
You Be the Judge:
Did the easements relieve AP&L from liability for flooding?
The case study above will assess how well you understand the concept of nonpossessory interests. Begin by reading the facts of the case (Carvin v. Arkansas Power and Light), then decide: Did the easements relieve AP&L from liability for flooding?
Read the arguments for both sides carefully before beginning your case study. Present your decision in writing in a 3 page (double-spaced) decision. The case may be found using Google Scholar.
● What rights does a landowner have and how are they affected by an easement?
○ In this case what were the responsibilities of all parties?
○ What rights did AP&L purchase with the easement?
○ Did subsequent owners know of the easement and if they did not, are they still bound by it?
○ Is it fair to have the landowners pay for the actions of a large corporation?
● Was AP&L negligent in their actions?
○ Should they have provided notice to the homeowners?
○ Were there other actions that AP&L could have taken?
○ Should AP&L have foreseen that this type of flooding was possible and constructed an alternative holding area for the waters?
● What was the effect of AP&L recording
● Respond to the questions in this Assignment providing support or evidence for your point of view or argument you are trying to make.
● Tell your readers what action they should take, or provide a summary of what the reader should take away from reading/learning about the topic.
● Write your paper in a clear and articulate manner using Standard English.
● Write the paper in your words without using quotations.
● Ensure it is well-organized, logical, and unified, and that your work is original and insightful.
● Use the 7th edition APA formatting and citation style for your paper.
● Respond in a least a 3-page paper with a separate title and reference page.
● Have at least two quality references or law cases, for a total of at least three.
For more information on Type of Flooding read this: https://en.wikipedia.org/wiki/Flood#
Try it now!
How it works?
Follow these simple steps to get your paper done
Place your order
Fill in the order form and provide all details of your assignment.
Proceed with the payment
Choose the payment system that suits you most.
Receive the final file
Once your paper is ready, we will email it to you.
Australia Assessments has gained an international reputation of being the leading website in custom assignment writing services. Once you give us the instructions of your paper through the order form, we will complete the rest.
As we work towards providing the best custom assignment services, our company provides assignment services for any type of academic essay. We will help you develop professionally written essays that are rich in content and free from plagiarism.
Admission and Business Papers
Our skilled team of professional writers will ensure that we help you craft a remarkable admission essay for your desired Master's program in your institution of choice. We won't stop there. Once you enter the job market, we will be available to secure you a position at your desired worksite by creating an outstanding portfolio or resume.
Editing and Proofreading
Our editorial team is always available for all editing and proofreading services. They check completed papers by our writers and also provide professional opinions to papers completed by our clients.
We harbor professional academic writers with different qualifications in diverse academic fields. As such, we are capable of handling both simple and technical papers. Ensure that you provide us with correct and complete instructions in the order form.