Tennessee Deer Talk: Mo. farmers join class-action suit over levee

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#2384351 - 05/03/11 04:05 PM

Mo. farmers join class-action suit over levee

Dodge Man
12 Point

Registered: 10/15/03
Posts: 5584
Loc: Dyersburg, TN

Online

"I felt like when they blew that, it was all over," Mary Beth Lee said.

But what could prove to be a lengthy legal battle against the U.S. Government is only beginning.

The Lees joined about 80 property owners and farmers who live and work in the spillway and surrounding areas at a meeting this afternoon with attorneys at the Clara Drinkwater Newnam Library in Charleston, Mo.

This morning, J. Michael Ponder, attorney at Cape Girardeau-based Cook, Barkett, Ponder and Wolz, L.C. filed a lawsuit in Washington, D.C. seeking potentially hundreds of millions of dollars in damages for the farmers and property owners in the spillway flooded out by the levee's breach.

The suit claims the property owners' Fifth Amendment rights prohibiting a government taking without just compensation have been violated by the corps' action. The litigation, which this morning included 25 claimants, seeks class-action status.

http://www.semissourian.com/story/1723877.html

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#2384370 - 05/03/11 04:31 PM

Re: Mo. farmers join class-action suit over levee [Re: Dodge Man]

mike243
14 Point

Registered: 09/06/06
Posts: 9816
Loc: east tn

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its crazy,all knew they lived in a area that might get flooded,bet none could buy flood insurance.they gambled & they lost

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#2384371 - 05/03/11 04:34 PM

Re: Mo. farmers join class-action suit over levee [Re: mike243]

WRbowhunter
8 Point

Registered: 02/22/10
Posts: 1464
Loc: collierville,tn

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thats a tough one. I feel for the farmers but I would have to guess everyone knew that this plan was an option if the flood waters got to high.

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#2384375 - 05/03/11 04:39 PM

Re: Mo. farmers join class-action suit over levee [Re: WRbowhunter]

rabbit hunter
12 Point

Registered: 03/04/10
Posts: 6253
Loc: Beech Bluff, TN

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I understand why they blew the levee, but still, the goverment has entirely too much power over our lives.

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#2384391 - 05/03/11 04:55 PM

Re: Mo. farmers join class-action suit over levee [Re: rabbit hunter]

Hangnail
12 Point

Registered: 11/30/00
Posts: 6020
Loc: Murfreesboro, TN

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If the levee hadn't been there in the first place, none of this would be an issue. Can't sue Mother Nature. I can understand both sides and feel for each side, but topo maps aren't just for hunting properties.

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#2384776 - 05/04/11 12:10 AM

Re: Mo. farmers join class-action suit over levee [Re: Hangnail]

ROB
TnDeer Old Timer
8 Point

Registered: 01/23/00
Posts: 2120
Loc: Murray, KY USA

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Mike, most probably had crop insurance. However, that only pays for an act of God. Blowing the levee simply doesn't qualify. So, there's no legal basis upon which insurance has to pay.

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#2384826 - 05/04/11 06:10 AM

Re: Mo. farmers join class-action suit over levee [Re: ROB]

Unicam
Grumpaw
16 Point

Registered: 12/13/00
Posts: 17441
Loc: Dallas, GA. & Cookeville, TN

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I can see the payment for the crop loss and any property damage as "Act of God" went out the window with the explosives. Once the waters go down and the levee is rebuilt that land will be more fertile than ever.

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#2384841 - 05/04/11 06:20 AM

Re: Mo. farmers join class-action suit over levee [Re: Dodge Man]

Wildcat
Non-Typical

Registered: 06/10/00
Posts: 39082
Loc: Western Ky.

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Go back and read it again.

"The Lees joined about 80 property owners and farmers who live and work in the spillway and surrounding areas at a meeting this afternoon with attorneys at the Clara Drinkwater Newnam Library in Charleston, Mo."

Did anybody catch that key word?? SPILLWAY

A spillway is a structure used to provide for the controlled release of flows from a dam or levee into a downstream area, typically being the river that was dammed. Spillways release floods so that the water does not overtop and damage or even destroy the dam. Except during flood periods, water does not normally flow over a spillway.

Those farmers KNEW EVER SINCE THE LEVEE WAS BUILD THAT THE AREA WAS A SPILLWAY.

I'm sorry it had to be done but it was part of the plan ever since they build the levee. I've already seen with my own eyes what happens when things go to plan. The water here is already lowing, my HY is now open again. The pressure all over Western KY is going down faster and sooner than it would have.

You all saw the pictures of the RR tracks in Cario?

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