Floodwaters have receded; need for legal help hasn’t

The severe flooding that swept across Indiana in August left a need for legal advice that lingers two months later.

Many Indiana residents and property owners still need assistance understanding which state and federal funding programs they qualify for and how to appeal denied applications. Property tax implications for flood-damaged properties also must be weighed.

For clients, an attorney’s help can mean the difference between approval and denial of financial relief, affecting their future stability, according to Equal Justice Works, a Washington D.C.-based nonprofit connecting legal professionals with public service opportunities.

The aftermath of the August storms highlights the importance of attorneys who practice in disaster law. While it’s a defined legal practice area, disaster law is not always a designated specialty at law firms. Nonprofits like Equal Justice Works are raising awareness of how critical disaster law attorneys can be when responding to disaster.

“Communities need more than a collection of attorneys responding separately to individual legal problems as they arise,” said Linda Anderson Stanley, an attorney and senior director of programs for Equal Justice Works. “They need dedicated disaster law practitioners who understand how all these different legal issues fit together, how disaster assistance programs operate, and how various agencies and organizations involved in that recovery all interact with each other.”

Both private-sector attorneys and civil legal aid organizations have their place in helping residents and businesses get back on their feet, disaster law experts say.

Widespread damage

In mid-August, the White River rose to levels not seen in more than 100 years. Multiple rounds of thunderstorms swept across central Indiana in an event classified as a 1-in-1,000-year rainfall. The storms dropped over a foot of rain in a matter of days in parts of Henry, Wayne, Madison and Delaware counties.

Subsequent flooding wiped out roads and a major bridge on Carmel’s Hazel Dell Parkway. It triggered evacuations for parts of Anderson and Noblesville and swamped some areas of Indianapolis like Broad Ripple, Ravenswood and Rocky Ripple.

The severe weather left at least seven people dead and displaced 1,000 Indiana residents, according to the state’s Department of Homeland Security.

At least 44 structures were destroyed and nearly 1,500 sustained some form of damage, according to a letter from Gov. Mike Braun to President Donald Trump seeking a major disaster declaration for the state.

What is disaster law?

Disaster law addresses civil legal needs that arise before, during and after natural disasters, according to Equal Justice Works. Attorneys who practice disaster law typically work as public-interest lawyers who provide free legal aid, but private-sector attorneys can volunteer their time in the practice area, too.

Disaster law attorneys draw on other established areas of law for their work, including insurance, housing and public benefits, Stanley explained. While they may not litigate every dispute, they are equipped to assist clients with some issues and connect them with legal experts for others.

Most importantly, these lawyers prepare for disasters in advance and know how to use community resources when disaster strikes.

“During what we call ‘blue-sky times,’ when there isn’t an active disaster, they’re building those relationships with community centers and emergency management officials, other legal aid providers, local governments, nonprofit organizations, all of that,” Stanley said.

At the same time, attorneys who don’t practice disaster law can contribute to it. Several attorneys and legal aid organizations The Indiana Lawyer spoke with are in this category.

Attorneys offer legal assistance for individuals, government

Legal organizations use several methods to assist Indiana residents navigating the sometimes-complicated process of applying for funding to deal with destroyed or damaged property. They include posting resources online outlining where residents can find help and establishing clinics to meet with residents in need.

The Indiana State Bar Association, Pro Bono Indiana Inc. and Indiana Legal Services began coordinating disaster legal clinics the day the water hit Marion County, said Dana Luetzelschwab, an attorney with Pro Bono Indiana.

“We actually had a text exchange on that Saturday evening, starting at 8:11 p.m., and we had a team and a date and a time for the first clinic set up by 11 that evening,” she said.

Many of the immediate legal needs following August’s disaster, such as replacing legal documents and finding temporary housing, have passed, according to a timeline developed by the Indiana Pro Bono Network, which includes Pro Bono Indiana and the state bar association.

Now, attorneys are helping residents with applications for assistance and disputing insurance claims. Residents affected by the floods can apply for federal and state aid depending on the severity of their loss and where they live.

On Aug. 15, President Donald Trump issued an emergency declaration for the state, followed by a major disaster declaration on Aug. 26. Under the federal Stafford Act, both declarations triggered assistance from the Federal Emergency Management Agency, or FEMA.

FEMA Individual Assistance is currently available to residents in 24 counties across the state who have uninsured damage to their primary home or other disaster-related emergency needs. Pro bono attorneys in central Indiana have been lending their expertise at area clinics, walking residents through the application process one-on-one.

As of Oct. 7, FEMA had distributed more than $140 million in assistance, and the state had distributed $35 million.

On the state level, funding is available through the State Disaster Relief Fund, which is limited to paying for certain home repairs, debris removal and essential transportation.

Another roadblock attorneys like Luetzelschwab are helping residents navigate involves substantial damage determinations, which are part of local floodplain management regulations, according to FEMA.

For residents trying to understand property repairs, attorneys play a crucial role in explaining what officials require.

“Attorneys are really going to be translators for most of this,” Luetzelschwab said. “It’s not necessarily full-on legal advice or representation. It’s translating what the government is asking for.”

Kathy Hilderbrand, an Indianapolis resident who lives near Bailey Creek, said the White River’s flooding sent runoff into the creek, which washed out her retaining wall and damaged parts of her home, including her crawlspace.

Hilderbrand said she’s unsure how city permits will affect her ability to restore her retaining wall and complete the necessary erosion-control work where the creek meets her property. She’s concerned that some of the work won’t be addressed before winter arrives.

“I even had a guy downtown at the flood permit place tell me that you just need to bear with us because this is very overwhelming for us,” she said. “And I said, ‘Do you realize how overwhelming it is for us? We’re going into winter. Some of these people don’t even have a home to live in.’”

Hilderbrand said she hasn’t yet reached out for legal help, but she’s received a lot of guidance from the Ravenswood community, which has been sharing advice and resources on Facebook.

Looking ahead

Some attorneys are poised to offer residents guidance on tax relief needs under Indiana law.

While residents are probably not thinking about tax relief when other assistance is more time-sensitive, they should be aware of how to get that help, according to Brent Auberry, a government and regulatory attorney and partner with Faegre Drinker.

Residents can apply for tax relief under Indiana’s general disaster and flood specific statutes.

Auberry said the general disaster statute, which offers a broad reassessment method for property located in a township that’s been physically destroyed by a disaster, will be more relevant to most residents. But the flood-specific statute, which offers a reassessment method for properties considered permanently flooded, has a more pressing deadline of Dec. 31.

As weather patterns continue to change across the country, Stanley hopes more attorneys in states like Indiana will grow their disaster law practice and understand how important it is to have access to experts like this for any disaster.

“The floodwaters might recede in days, but the legal consequences are going to last for years,” she said. “And if we want communities to recover more effectively and equitably, we have to make sure the legal support is there throughout that whole process.”•