Alabama residents face restrictive covenants limiting legal claims against flood damage

Residents of Shiloh, Alabama, are grappling with restrictive covenants in their property deeds that prevent them from suing the state over recurring flood damages, a tactic used to mitigate the state's liability.

Lee Hedgepeth reports for Inside Climate News.


In short:

  • Shiloh community residents face ongoing flooding exacerbated by a state highway expansion, with the state attaching restrictive covenants to property deeds to limit litigation.
  • Despite continuous flooding, the state's interventions have been insufficient, leaving the community vulnerable and frustrated with the lack of effective solutions.
  • Residents were unaware that agreements signed with the state and contractors would include such covenants, effectively stripping them of the right to pursue further legal action.

Key quote:

“Our lawyer assured us that signing this was the right thing to do. We were lied to.”

— Aretha Wright, homeowner

Why this matters:

The use of restrictive covenants in Shiloh perpetuates a legacy of racial discrimination and emphasizes systemic issues in environmental justice and infrastructure planning. These practices leave vulnerable communities with little recourse against damages caused by state development projects.

About the author(s):

EHN Curators
EHN Curators
Articles curated and summarized by the Environmental Health News' curation team. Some AI-based tools helped produce this text, with human oversight, fact checking and editing.

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