Premium
Damages Based on Value of Land Before and After Contamination
Publication year - 1986
Publication title -
journal ‐ american water works association
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.466
H-Index - 74
eISSN - 1551-8833
pISSN - 0003-150X
DOI - 10.1002/j.1551-8833.1986.tb05735.x
Subject(s) - damages , dispose pattern , hazardous waste , forensic engineering , law , settlement (finance) , business , waste management , engineering , political science , finance , payment
Crown Cork and Seal Company Inc. engaged Gray Trucking Company to dispose of hazardous waste materials, which were, allegedly, improperly dumped adjacent to Howard Vroom's property, contaminating well water. The Vrooms sued and prior to the trial were awarded a settlement from the trucking company. Thereafter, a jury awarded Vroom an additional settlement from Crown Cork and Seal. In an appeal, Crown Cork and Seal argued that the proper measure of damages should have been the cost of restoration rather that the difference in the value of the land before and after the contamination. The Florida appellate court disagreed, ruling that depreciation in the value of the land was the proper measure of property damages.