To the editor: One letter writer claims that the city of Rancho Palos Verdes should be liable for damages caused by landslides to homes because it zoned the land for housing and issued building permits. As an attorney who has represented Rancho Palos Verdes in litigation over home construction in an area affected by landslides, I can explain some of the legal background.
A local government that prohibits land development or regulates development in a way that makes it impossible or unfeasible may be sued for inverse condemnation, a claim that the government has taken the property by not allowing the owner to develop it.
The owners of 16 lots in a landslide-prone part of the city filed a similar lawsuit in 2002. The appeals court found that the city had “taken” the plaintiffs' lots because the state of the geology at the time indicated that a home would likely remain standing for at least 50 years.
That left the city with two options: buy the land or change the development rules. The city changed the development rules for those 16 lots.
A similar lawsuit filed in 2015 regarding other lots in the same area was dismissed on procedural grounds. However, in light of the earlier case, the city also amended the zoning regulations for these properties.
In any case, cities are immune from liability for granting or denying building permits, or for failing to inspect or inadequately inspecting properties. The city would have to do more than just grant building permits to be held liable for the impacts of the recent landslides.
June Ailin, Marina del Rey
..
To the editor: I am a certified engineering geologist in California and have worked on large landslides for many decades. Residents of the Rancho Palos Verdes landslide zone should be aware of the adverse geologic facts.
Tragically, a thick layer of fill was placed decades ago over a known active landslide. This landslide is several hundred acres in size and has underground water sources and seepage. In addition, broken water pipes are accelerating its spread.
There are known to be active fault lines in the area. If an earthquake occurs, this landslide could cause a disaster. There is no quick fix for this landslide.
Governor Gavin Newsom should order the California Geological Survey to write a report on this landslide. They are neutral scientists with experience with large, active landslides. Homes within the danger area should be carefully dismantled and evacuated.
Robert Hadley Sydnor, Fair Oaks, California.
..
To the editor: One very important question has not been raised in the current coverage of the decades-long but now rapidly unfolding Rancho Palos Verdes landslide: What about insurance?
Insurance companies are like canaries in the coal mine. They are very sensitive to the risks to the properties they insure and if they refuse to insure your home and your neighbors' homes, that's a pretty clear red flag.
Many people may have been trapped in older properties with few housing alternatives, but for others who knew this and took the risk, a major taxpayer bailout seems unjustified.
David Ewing, Los Angeles
