Wednesday, May 10, 2006

Limiting lawyers, or limiting paid claims?

I'm not sure how it will work out, Or any of the details,but it seems the Florida legislature has authorized a mediation process for sinkhole claims.It probably will provide a little relief for people who cant't afford a lawyer.Other than that it will,likely,do little.It is difficult to take lawyers out of a legal process and sometimes unwise.I have yet to see preventative measures even mentioned.If a portion of the money collected by"Citizens"were furnished to city and county governments to facilitate and finance methods of prevention and equipment for testing and to provide a payout fund from counties and cities,possibilities of payout would be lowered.A situation where the home owner could opt to be bought out by citizens for heavily damaged homes,at the rate of retail value, related to tax value of the previous years taxes,would cause the home owner to insist on paying full taxes.It would cause counties to stay on top of tax valuations.Permits to build would, likely,require soil probes,soil compaction tests,core drills,closer inspections,or any number of these,and/or other determination methods.The state never should have started being in the insurance business;but now that we are,we should at least own the property we are paying for.Some sinkholes could be used as retention ponds,as they have been, for thousands of years.Some could be small parks. Large scale contractors should be paying into a fund which would pay out, when the root cause of settling/cracking is found to be contractor caused,as determined by arbitration.There should be no"whoops,sorry"it wasn't a natural sinkhole, so you just lose,to the homeowner.Delbert W Allegood npublici

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