Pensacola Fishing Forum banner
1 - 20 of 21 Posts

·
Registered
Joined
·
1,040 Posts
Discussion Starter · #1 ·
Is it possible claim for loss of value of property due to the oil spill if my property is within 500' of the water ?
 

·
Registered
Joined
·
8,658 Posts
Seems to me until you sell your property, and have a before and after appraisal, you haven't experienced any loss.

And it's all pure speculation anyway since there is no oil in your front yard yet and there's probably a good chance there won't be. I sure wouldn't pay a lawyer to find out the answer to your question.
 

·
Registered
Joined
·
67 Posts
It is possible to get a before and after appraisal without selling your porperty. I did it after Katrina with my house at Dauphin Island. I was able to deduct a casualtty loss on my income taxes without selling the house. My guess is that you could use this same type of appraisal to file a claim against BP and I intend to check into this further.
 

·
Registered
Joined
·
8,658 Posts
Then when the value goes back up do you have to report a gain ? I can see howbeach businesses, charter boats, rental units and other income-producing entities would have a claim for lost revenuebut I just don't see how you could have a claim for a private residence. You are still gettingyour intended use out of it. You haven't suffered a real loss. Real estate values rise and fall all the time. I would think it would be tough to prove that the decrease in value was a result of the oil spill. And proving that it's a permanent loss would be even tougher.

LikeI said earlier, I sure wouldn't pay a lawyer $200 an hour to find out.

I'm part owner of a beach-front condo in Biloxi. It's a rental. If the beach over there is covered with oil and my rental receipts go to zero, I would consider filing for a claim for lost rental income but I think I would have a hard time proving that the value of the condo has decreased permanently.
 

·
Praedator
Joined
·
10,186 Posts
It never ceases to amaze me at what people will try. I just had to move out of the stateand I had to sell my house in a bad market. Do you think I can file a claim with someone to recoupe some of my losses. NOPE.

 

·
Registered
Joined
·
8,658 Posts
I'm afraid what's about to happen is that people are going to be filing frivolous claims and slowing down the process for the people who truly deserve it due to a loss of their livelihood.

And then when BP gets tired of the BS, they will make the burden of proof much harder and make the process even tougher for those that truly have a loss.

It's not going to be the windfall that some people seem to think it will be. I've seen some incredibly silly questions on here about claims so I can just imagine what the true scammers are cooking up right now.
 

·
Registered
Joined
·
67 Posts
I am really not the type of person to file a frivolous claim and try to get some free money from BP. The way I see it, we have had a foreign company come intoour gulf, ignorethe safety laws and rules in their effort to make a greater profit. The result is that they have killed 11people and done damage to our ecosystem that will take years, or maybe decades, to even measure. If tarballs wash ashore in Biloxi for the next twenty years, a rental condo there may become virtually worthless. Maybe not permanently,maybe just for 20 or 30 years. I also realize that even if my house isn't usable for a few years, others have suffered far greater losses and I would not want to jump ahead of them in the BP tort line. For the last ten years, I have sppent weekends at Dauphin Island going fishing offshore. IMO, my way of life may have just been altered forever.

The charter captains are concerned about trips being cancelled this summer. What if charter fishing isn't a feasible occupation for the next 10 - 15 years? It has been 20 years since the Exxon Valdez spill and the herring fleet still doesn't have any herring to catch. There was an article in the Mobile paper today, written by a lawyer who fought Exxon for twenty years in Alaska. He warns that if you settle too quick, you may underestimate your true damaeges.

It is my opinion that the affected businesses, charter captains, etc should be paid triple damages for their documented losses by BP and still be able to claim further losses later as these additional losses become apparent.
 

·
Registered
Joined
·
8,658 Posts
Somebody with a loss should be paid triple what they would have made if they were working ? That doesn't provide much incentive to work does it ?
 

·
Registered
Joined
·
67 Posts
I just think BP should pay punitive damages. Even if these damages are paid to charity or in the form of fines. I really don't think that the "incentive to work..welfare argument" applies to the charter boat captains and other tourism-dependant business owners. The point that I was atempting to make is that the true damages could well be much more than we realize. There are people that very well may lose much more than a couple months woirth of charter bookings. Just one example would be the small business owner who goes out of business, bankrupts and loses his house, etc. I truly hope that I am very wrong and that this is all cleaned up in couple of weeks, or months, and we all go back to business as usual.
 

·
Registered
Joined
·
518 Posts
I dont believe SteveH knows squat about drilling. Definitely nothing about safety on rigs or in the patch. BP is the Owner of the Lease which was contracted out to TransOcean to drill the hole, complete it for production, SWACO was there to swab the hole and clean it up, debris and check other thinhgs while afterwards,Halliburton was hired as a subcontractor to provide the cementing for the wellbore. It is apparent when Halliburton displaced the hydrostatic pressure of the hole with seawater from the partialized mud mixture it seeped into the production casing and then forced 5000 feet of 20 inch verticle water collum over 200 feet into the rigs mast with a kick of the gas which increased in pressure and speed as it arouse to the air which you and I breathe. What actually happened??? Its all speculation just as the flow of crude and sheen on the waters surface... Now I guess BP should have been on the Rig holding its finger in the hole. Its clear you had yours somewhere when you typed your rant. You know nothing about the process, the field or have any expertise other than ranting on some media driven problem. The known fact is a blow out was not prevented the day of April 26th, 2010. Its an absolute freak of nature this wasnt killed. The main problem with drilling is someone can always kill the hole with a slap of a button, but when you do this it shuts down MEGA bucks! You ruin a string, casing and whatever else was in the hole when the Rams fire shut. Did it shut and was this activated... hey if the friggin thing was activated on a collar, like where drill pipe mates up its about 125% thicker right there, it might not have sheared it! Did the casing seep after the cementing? I know for sure ask STEVEH cause he knows the answers to all the worlds problems....

HE sees an opportunity to defraud a Company who makes his life easier.

I will say that if you are directly effected by the spill:

Displaced, unemployed, loss of assets, and sustain a harmful effect from the "pollution" then sure you should be compensated. If you feel filing a suit because you are wanting to get on the free ride then go ahead, if it makes you a better person then whatever floats your boat!

Now when you are held liable for fraud you might have commited, please come back and post for us again. I want to hear why you were caught and the issues you are having paying them back.

From

SteveH

BOHUNTER!

Should I got into do you know who owns gulf power, ATT, possibly the car you drive, the toilet you crap on.... Foreign ownership in the USA is HUGE... Since your against BP, then we can all go independant and drill one well a year a 6-9 million and then buy what crude we dont produce on land from Nigeria, Argentina, Kuwait, Saudi billionaires.... I guess you already know hwow the economics work. Would like like to take achance on a Nigerian Tanker with a MIillion barrels of crude to run agroundin Mobile Bay! DUDE WAKE YOUR TAIL UP and go out and create a life dont depend on BP to pay your way through life. I am so tired of this BS from people. HEY BUY ON LAND not on the shoreline! Im sorry your extraciricular activities are changed, hell Ive been hunting in a place for 8 years and my buddy sold me out for money.. Should I sue him because he changed my life. I now HATE him...Dang Michael Jackson died and I lost a part of my childhood... should I sue the DR? OJ was aquited should I sue LA ..... GET A GRIP.... If you want someone to take care of you get a Nanny!
 

·
Registered
Joined
·
76 Posts
My boat isn't worth as much now either, nor is any of my fishing tackle. I should file a claim for that too right?

We haven't had any oil hit the dirt here yet. Fishing is still great. Enjoy it. I hate how everyone wants to try and sqeeze some money out of this. :boo
 

·
Registered
Joined
·
67 Posts
Obviously, I've opened a can of worms and hit a nerve or two. I would like to clarify a couple of things:

1. I don't know squatabout drilling, but I do know that between the three companies involved in this spill. someone screwed up very bad. It looks like several safety measures were ignored. There is also the very real possibility of a criminal investigation. BP also has a very spotty safety record here in the U.S.

2. I have never been involved in any type of lawsuit.I have never committed any type of fraud, and have no intention of ever doing so.

3. I have not talked to any lawyers about filing any type of claim. The point I was attempting to make is that we all may suffer some very severe damages to our lifestyles before this mess is cleaned up. Certainly, thebusiness losses (like charter boats) are muchworse, and decervequicker attention, than someone who just doesn't get to catch his two red snapper any more.

4. Mostly, I am very, very saddened by what is happening and had thought that I would be able to enjoy fishing the GOM for many years to come. Now, I'm not so sure.

5. I am very sorry if I have offended anyone on this board.
 

·
Registered
Joined
·
518 Posts
I believe the problem is miscommunication...... the same as we all are getting from the MEDIA. The truth isnt public. The truth may never be public but I can tell you its very possible that several things could have happened and until they raise the BOP, check the Drillers Log which has most likely perrished and the information from the floor is all gone because all of those guys were knocked unconcious and the incinerated. Its highly possible no wanted to believe the pressure guages and hit the kill. That is a Million dollar kill switch, but if they had or DID it might have prevented the broken riser. Remember the riser held until the rig sank and it forced the bending stress on the riser. We dont know, and the media DAMN SURE dont know. they are printing what people want to read and go against BP. They didnt do anything on purpose. Its like a tanker truck delivering fuel and then some high schooler runs them into the river.... I guess they should have had the hazmat crew aboard the truck? Come on....

Its 5000 feet down, and a video screen for eyes. Mechanical arms and fans for legs. Fabrication of tools to fix a problem which doesnt exist? Engineering and complex CAD machining 24/7. You cant stick a plug in the top of the well (TOP KILL) it becomes a violent time bomb awaiting the momnet to blowout with extreme pressure.

I know everyone is pissed. The thing we know is you and I cant do anything about it. We can proovide help in clean up of the issue. No sense in calling BP this and that. I dont have any ties to them but I do in the Oilfields and energy companies and I know some about production. Im in the safety end of land rigs, we provide a service.

No hard feelings im as tired of hearing people who complain and we dont have any facts about the blowout other than what the MEDIA posts and its usually half right. Im sure if BP could stop the flow they would. The junk shot is good, yal have no idea about what that does under pressure. I just like to argue too! LOL

Its a tragedy that we have to watch crude being released into the gulf. All measures for stopping a blow out are in place. The testing and timeline of this is all crap. The Media will pick up anything they can relevent or not to totally destroy the company. These idiots do not realize the impact offshore drilling has on our economy. I feel that neither does a majority of the people in America. Yall see a Christmas tree, or a pumping unit and think man they are raping the land.... LOL So far from the truth .... I well in Shreveport LA for GAS.... free flowing natural gas cost between 7-9 million bucks to complete. Did you know if the energy compaines pulled out of Shreveport tonight..... in 30 minutes lets say..... THATS 1 BILLION DOLLARS in taxes, employment and leases overnight! I have been in thios field for a very limited time but I educate myself when Im not working. O&G makes up a big number of jobs within those areas the discoveries are found. Yea they make money, your supposed to if your in business. BP made billions.... they take all the risk though!

I wrote the previous post and decided not to post it. then I went back and read the topic again and said heck with it. So I was ranting my opinion of the disaster. The truth is we can not fix the past, we can however help those in need today and help solve the problems we ALL face. You cant lay blame on BP, its been in business a long time along with TransOcean and Halliburton. The patch is a dangerous place, pressure is the number one killer. Ive seen some real FUBAR situations but it was freaks not intentional or preventable without a little Genie on ya shoulder. Failures occur, was it in cementing, the BOP, or in the doghouse. Who knows.

Lets fix the problemnow!

STEVE H

BOHUNTER1
 

·
Registered
Joined
·
69 Posts
CBS news reported yesterday that bookings are way down (50-70%) on the Panhandle for this summer compared to last.

As far as BP not being at fault, did anyone see the 60 min interview with one of the survivors and with the engr. investigating the accident?Based on the reported information. BP is completely at fault.

Can a property owner get money out of it?....Well you have to prove a loss. To the shrimpers and oystermen satnding in lines to get food from the foodbank, they probably deserve to be paid before anyone else.

What can you say, Corporations fail to follow the regs. and the MMS (US govt.) failed to enforce the regs. This is not our first rodeo and based on history wont be our last. Below is the link for the 60 minutes story. Watch it before commenting.

<a href="http://www.cbsnews.com/video/watch/?id=6490348n&tag=contentBody;housing">http://www.cbsnews.com/video/watch/?id=6490348n&tag=contentBody;housing</a>
 

·
Registered
Joined
·
518 Posts
OH GOD... Regs!

What are the Regs for Drilling for hydrocarbons in US waters or onshore. Do you think that a billion dollar rig will drill with a run down to walmart for some nipple grease! Everything on this rig was top of the line. You ever cememnt a hole over 18,000 feet just to find out that the cement had a void, (SPECULATIVE) at 17,243feet, the pressure test came back as 99.9% perfect then once the heavy mud weas removed from the casing and displaced with seawater which is a few ppm thinner and lighter than the mud mixture, the leak which was equalized then had a route to travel to the path of least resistance, the seawater!

What I see is a MEDIA bonanza. Nothing is tangible. Tests and plumes the size of Rhode Island..... yes there is crude under the surface, yes there is crude on top, yes it will reach some land somewhere and if the media has forecasted it right it will be in Argentina by June the 12th! Lets add some hypotheticals, it could cover the entire Southern tip of Floridas Coral beds, killing gabillions of corals. It could also creep into the bays of LA, MS and AL and reek havoc on the spike rush species which I spray and kill on right of ways. It could also destroy the entire bleach white beaches of the coastline, ruin the entire tourism travel and the entire coastline would be nothing more than a toxic, barren extinct village. It would look simular to Chernobyl. HEY.. good thing is taxes would definitely be lower!

If the crude and closures effect you directly ..... yes file the claim. If it doesnt then keep reading the paper, its a great source of bullshit!

Steve
 

·
Registered
Joined
·
69 Posts
Media bonanza yes. But trust me I am from LA and it has hurt alot of people here that make a living in the seafood industry. I am not talking about getting a weekend of snapper fishing ruined. There are processing plants laying off people, shrimpers, and oystermen with no safe waters to fish and seafood stores with no local product to sell. That's the real thing! That's people who worked 4 weeks ago and are unemployed now. These are hard working people that were screwed through no fault of their own. Now guess what .......we might get to feed them and house them. The taxpayers will always take the hit....not the corporation. Ask Goldmann Sachs or AIG.
 

·
Neptune calls me "Daddy"
Joined
·
9,445 Posts
So lets say Capt Ahab made $10,000 in 2007, 11,000 in 2008, and 12000 in 2009.

He was on pace to make $12000 plus this year until a month ago. Instead looking to the future he only makes $8000 in 2010.

Does he have a claim? Even if NO oil washes up on the beach? Sure he can show cancellations for last month, this month, maybe next month if NO oil washes up. He can show bookings in the past years for July through December, but they don't happen this year at the same rate...

At what point does BP owe a guy for FUTURE losses even if there is NO damage?

You are on a jury.

What's your decision?

Jim
 

·
Registered
Joined
·
1,790 Posts
jim t (21/05/2010)So lets say Capt Ahab made $10,000 in 2007, 11,000 in 2008, and 12000 in 2009.

He was on pace to make $12000 plus this year until a month ago. Instead looking to the future he only makes $8000 in 2010.

Does he have a claim? Even if NO oil washes up on the beach? Sure he can show cancellations for last month, this month, maybe next month if NO oil washes up. He can show bookings in the past years for July through December, but they don't happen this year at the same rate...

At what point does BP owe a guy for FUTURE losses even if there is NO damage?

You are on a jury.

What's your decision?

Jim
Commercial fishermen don't show "cancelations." That would be a charter boat.

And there is no jury. Right now BP is paying every commercial fishermen/charter boatthat makes a legit claim up to 5k (open ended, probably more coming next month) Why? They had insurance is my guess. The 90,000 some feet of boom they put outis an impedment to fishing in itself, and BP seems to have no problem paying us. If they are cutting claims checks in lousiana like they are here then there shouldn't be any shrimpers or oystermen needing public assitance.

They are cutting checks to local fishermen and telling them to keep fishing as long as they can. "Make hay while the sun shines" is what my adjuster told me as he handed me a check. They want to keep us operating so there will be fishermen left when the waters reopen, if they reopen. I have a feeling they will start buying us out completely if it gets too bad. Yes, your point on showing losses is correct, anyone can show a loss and how do you know it is because of the oil? Well, if you are a fishermen ( a real fishermen with a business andlicenses)and can prove it, well those are the folks with thebest claims.
 

·
Registered
Joined
·
1,014 Posts
Very interesting discussion, a lot of emotion for sure.

Thanks to the media tourism on the Gulf Coast is shot this summer. I guess you could thank BP or whatever company as well even though it was an accident. Even though it was an accident there are indications that not all safeguards were being followed. That will come out in the investigation for sure.

Lets speculate that the investigation finds a company at fault for not following all the current regulations and safeguards. (Never have been a fan of new regs, usually the problem could have been solved by enforcement of the old regs/laws).

And then lets specualte that the oil/dispersants do foul our water and kill all the fish pretty much making our area a dead zone for a few years.

I know thats a lot of speculation but follow me here for arguments sake.

Couldn't anyone then file a claim against said company for "quality of life" impacts? Heck, harder cases have been won in divorce court.

I know, I know, half of you are going to think ambulance chaser and the other half may think I may be onto something.
 
1 - 20 of 21 Posts
Top