Beach Erosion caused by State

[Dhampton]

Hello,
I purchased beachfront property on a private island in SC over a year ago. The island has been dealing with erosion issues in the last decade along the middle of the island. This winter we lost a significant amount of beach even along the northern section. We have several homes sitting directly on the beach now and are in dire straights. My property could be danger if the erosion continues.
After hours and hours of research I have found the the State added several jetties to the state park island just south of our island. Experts have said that the aggressive erosion on our island is a direct result of the jetties on the other island redirecting the wave energy in an untoward manner on our island.
SC law apparently states that if a jettie is built on one island then the surrounding islands must be monitored (ours was not) and any damaging effects must be repaired.
The HOA will not help because landward homes refuse to pay for the beach repairs (from my research it appears as though the president of the board, at the time beachfront homeowners approached them for help, was dead set against allowing repairs to go coward even going do far as to stop a presentation from an expert showing the predicted future damage and eventual breach if our small island. There was a slanted questionnaire sent to homeowners but the results were obviously negative.
Even still, I feel the state is liable for repairing our beach which estimates range close to two million dollars.
We are considering a class action lawsuit to force them to do the right thing. So many families are in trouble and millions of dollars in real estate are in peril. We are not a 'rich' island. We are very middle class. Peoples savings and retirements are at stake. I am afraid mine will be too. Everyone's home values are dwindling and we are desperate.
What are our options and do you recommend anyone we can talk to? Thank you for your consideration

 

[army judge]

You have elected state officials.
I'd bring the matter to their attention.
That said, don't expect much, because the state park is an entity of the state.
My suspicion is, the state probably exempted itself from a law it requires us lesser beings to obey.

 

[Dhampton]

Thank you for taking the time to answer. I hope the state is not above the law they write. Do you think this is something a law firm may be interested in pursuing?

You have elected state officials.
I'd bring the matter to their attention.
That said, don't expect much, because the state park is an entity of the state.
My suspicion is, the state probably exempted itself from a law it requires us lesser beings to obey.

 

[KatDini]

You live on a private island. Why did the HOA not decide to put in their own beach protection schemes?

 

[Dhampton]

Because the landward homeowners don't want to pay for the repairs! Crazy but true. We are a very middle class island nit very rich. We all use the beach and everyone's home values suffer when the beach disappear a but still they only want beachfront homes to pay but it is too expensive. The fault does is a sandbar that developed between our island and the neighboring state park island after the jetties were built in 2007 causing a redirection of wave energy toward our island essentially chewing it away. It is such a helpless feeling. Our island has been an accreting island for years until the jetties were built on the state park. No one will help and it seems no one cares. People's livelihoods and property are disappearing. Savings depleted. Retirement money literally eaten by the ocean from an action caused by the state. It's just not right

 

[KatDini]

The HOA did not attempt to mitigate their damages. Why should the state pay for the HOA's failure to act on private property?

 

[army judge]

Thank you for taking the time to answer. I hope the state is not above the law they write. Do you think this is something a law firm may be interested in pursuing?

All you need to do to obtain legal representation is HIRE a attorney or law firm.

I can't speak for other lawyers.

I do know ALL lawyers are required to do pro bono legal work.

That generally is reserved to issues outside real estate law.

All you can do is discuss this with other homeowners impacted by the erosion.

If everyone kicked in $1,000 to $2,000, I suspect you could retain a very good law firm to represent your interests.

 

[Dhampton]

Thank you army judge

Because boyzgrrl, the damaged was caused by the state. That is why.

 

[KatDini]

And the HOA has sat on their collective hands for how long and did not attempt to mitigate damages (no matter who caused them)?

Let me explain a little further. I take my car to a big box retailer and have the oil changed. Three days later, my oil light blinks furiously. Do I
(A) continue to drive the car
or
(B) attempt to mitigate any further damage by having it towed to a repair facility?

 

[army judge]

And the HOA has sat on their collective hands for how long and did not attempt to mitigate damages (no matter who caused them)?

Let me explain a little further. I take my car to a big box retailer and have the oil changed. Three days later, my oil light blinks furiously. Do I
(A) continue to drive the car
or
(B) attempt to mitigate any further damage by having it towed to a repair facility?

That is a great analogy, bg.

Mitigation, or an attempt to mitigate damages enures to the benefit of a person in legal distress or peril.

 

[Dhampton]

I disagree. The problem with your analogy is the car is owned by one person. What if you had hundreds of owners is this expensive car and there is an issue with say the radio. Now everybody uses and loves the radio but the people in the front seat want to get it fixed. The folks in the rear decide it still plays AM so they are fine with it. Now this radio is messing up because an expensive electronic problem is the culprit (caused by a repair shop fixing something else earlier). Over time the electronic problem will ruin the whole car. The guys in the back don't wanna pay for it, rightfully so. You have tried to get the repair shop to do the right thing but they balk. You get other repair shops to say the original shop caused the problem. Still nothing... What do you do?
The bottom line is the STATE caused the erosion ... Therefore the state is liable. You car analogy leaves off way too many factors to be relevant.
And while we are on the subject of the HOA, they have a fiduciary responsibility. They assume that elected role with a burden of protecting ALL homeowners. That is another debate for another time
I do appreciate your input Boyzgrrl. Thank you for even reading the post. We are just desperate to have the problem justly corrected before it's too late and no one seems to give a damn.

That is a great analogy, bg.

Mitigation, or an attempt to mitigate damages enures to the benefit of a person in legal distress or peril.

 

[army judge]

I disagree. The problem with your analogy is the car is owned by one person. What if you had hundreds of owners is this expensive car and there is an issue with say the radio. Now everybody uses and loves the radio but the people in the front seat want to get it fixed. The folks in the rear decide it still plays AM so they are fine with it. Now this radio is messing up because an expensive electronic problem is the culprit (caused by a repair shop fixing something else earlier). Over time the electronic problem will ruin the whole car. The guys in the back don't wanna pay for it, rightfully so. You have tried to get the repair shop to do the right thing but they balk. You get other repair shops to say the original shop caused the problem. Still nothing... What do you do?
The bottom line is the STATE caused the erosion ... Therefore the state is liable. You car analogy leaves off way too many factors to be relevant.
And while we are on the subject of the HOA, they have a fiduciary responsibility. They assume that elected role with a burden of protecting ALL homeowners. That is another debate for another time
I do appreciate your input Boyzgrrl. Thank you for even reading the post. We are just desperate to have the problem justly corrected before it's too late and no one seems to give a damn.

I urge you to reach out to local attorneys and discuss this matter with four of five.
The initial consultation is normally FREE of charge or further obligation.
Once you have chosen two lawyers, you could invite them to a meeting of all concerned or impacted homeowners.

If you can't get 90% (or more participation), your efforts might have little impact.

You should also invite your elected state representative and senator to meet with all affected homeowners, as well as your HOA.

This is very complicated, and it will take an immense organizing effort, as well as an educational effort.

It is possible to get this problem traction, but it will require education of all homeowners on the island, as well as organizing efforts.

It might even require you and your group to break away from the HOA.

In some cases, perhaps yours is one, homeowners that are under represented (or poorly represented) by an HOA can seek to break away from the HOA.

The mere discussion of that intent is often enough to energize your HOA and board to get busy working on your behalf.

Be patient, as is the way with most things these days, there isn't enough money to fund everything properly; and if it doesn't impact your neighbor, he or she is less likely to care.

 

[Dhampton]

Thanks army judge. You are kind to even give your time. I will follow your advice and seek legal council.
Take care and wish me luck

I urge you to reach out to local attorneys and discuss this matter with four of five.
The initial consultation is normally FREE of charge or further obligation.
Once you have chosen two lawyers, you could invite them to a meeting of all concerned or impacted homeowners.

If you can't get 90% (or more participation), your efforts might have little impact.

You should also invite your elected state representative and senator to meet with all affected homeowners, as well as your HOA.

This is very complicated, and it will take an immense organizing effort, as well as an educational effort.

It is possible to get this problem traction, but it will require education of all homeowners on the island, as well as organizing efforts.

It might even require you and your group to break away from the HOA.

In some cases, perhaps yours is one, homeowners that are under represented (or poorly represented) by an HOA can seek to break away from the HOA.

The mere discussion of that intent is often enough to energize your HOA and board to get busy working on your behalf.

Be patient, as is the way with most things these days, there isn't enough money to fund everything properly; and if it doesn't impact your neighbor, he or she is less likely to care.

 

[army judge]

Thanks army judge. You are kind to even give your time. I will follow your advice and seek legal council.
Take care and wish me luck

You're welcome, DH.

I wish i could do more, because people that have not been involved in the legal system expect it to do so much more.

As with many things in this life, we discover with age that we're all pretty much on our own.

We've been sold a bill of good that rarely coincide with what we actually receive.

By all means, I do wish you success.

You might want to get that letter off to your elected officials, as well as your state's AG and Governor.

 

[disagreeable]

I question whether this is more of a rising water level issue.

 

[Dhampton]

There is no doubt that the aggressive erosion began shortly after the groins were placed on the neighboring state park. We are loosing our beach at the crux of the curve of the island. We are crescent shaped. If it was rising water we would be eroding evenly. It is a direct result of redirected wave energy. The wave action used to build our island until the groins. Now redirected waves are shrinking it.

QUOTE=disagreeable;202310]I question whether this is more of a rising water level issue.[/QUOTE]