Geotechnical Maps Showing 'Risk Zones' Creating Confusion for Homeowners Living in Hideaway Hills

 Scientists caution homeowners against making decisions based on insufficient geotechnical and engineering studies

RAPID CITY, S.D., May 18, 2022 /PRNewswire/ -- Geotechnical and engineering experts are warning that homeowners living in Hideaway Hills and prospective buyers in the subdivision should not rely on reports and maps that suggest parts of the subdivision are stable and safe.

While a recent report based on electrical resistivity tomography (ERT) claims that some areas in the subdivision of 158 homes are safe, experts warn that the ERT technology is not capable of drawing such conclusions. A more precise 2021 analysis based on core sampling found that the entire neighborhood is unstable – either from underground mines at risk of collapse or strip and pit mines that were improperly reclaimed using non-native fill material. According to a proposed class-action lawsuit, the state of South Dakota reclaimed the abandoned mines for pasture use only, and homes never should have been allowed to be developed there.

"All of the land in the Hideaway Hills was mined extensively for 80 years and was not filled and reclaimed to support structures like residential homes," said attorney Kathleen Barrow of the Fox Rothschild law firm, representing a group of plaintiffs seeking class-action status. "We don't want homeowners or buyers to have a false sense of security based on an incomplete analysis. The ERT testing, which was used to create a map of safety risk zones, is not sufficient to permit any conclusions as to the ability of the soil to support structures. It takes soil sampling and engineering analysis to determine whether an area of land can support structures in the short and long term. From a geological and engineering standpoint, it's dangerous to draw conclusions concerning safety risks based solely upon ERT testing."

The underground dangers were exposed in April 2020 when a state-owned gypsum mine collapsed, creating a large hole near East Daisy Drive. Experts say that property sites at Hideaway Hills are interdependent and correcting subsurface dangers would require removing all of the homes, which would cost more than the structures are worth and would provide no guarantee that the remediation would work.

Circuit Court Judge Kevin Krull is set to rule later this year on efforts by a group of homeowners to certify a class-action lawsuit that would potentially provide relief to all Hideaway Hills property owners.

The case is Andrew Morse and John and Emily Clarke et al. v. State of South Dakota et al., No. 46CIV-20-000295 in the Circuit Court, 4^th Judicial District, County of Meade, South Dakota.       

Fox Rothschild has grown to a 950-lawyer national law firm with 27 offices by focusing on client service and responsiveness and by attracting bright and creative lawyers who know how to deliver. More information at foxrothschild.com.       

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SOURCE Fox Rothschild