Wednesday, April 30, 2008

Scientists: Big Quake Likely in Calif.

California faces an almost certain risk of being rocked by a strong earthquake by 2037, scientists said in the first statewide temblor forecast.
New calculations reveal there is a 99.7 percent chance a magnitude 6.7 quake or larger will strike in the next 30 years. The odds of such an event are higher in Southern California than Northern California, 97 percent versus 93 percent.
"It basically guarantees it's going to happen," said Ned Field, a geophysicist with the U.S. Geological Survey in Pasadena and lead author of the report.
The 1994 Northridge earthquake under Los Angeles' San Fernando Valley was magnitude 6.7. It killed 72 people, injured more than 9,000 and caused $25 billion in damage in the metropolitan area.
The damage created by an earthquake depends greatly on where it hits. A 7.1 quake _ much stronger than Northridge _ hit the Mojave Desert in 1999 but caused only a few injuries and no deaths.
California is one of the world's most seismically active regions. More than 300 faults crisscross the state, which sits atop two of Earth's major tectonic plates, the Pacific and North American plates. About 10,000 quakes each year rattle Southern California alone, although most of them are too small to be felt.
The analysis is the first comprehensive effort by the USGS, Southern California Earthquake Center and California Geological Survey to calculate earthquake probabilities for the entire state using newly available data. Previous quake probabilities focused on specific regions and used various methodologies that made it difficult to compare.
For example, a 2003 report found the San Francisco Bay Area faced a 62 percent chance of being struck by a magnitude 6.7 quake by 2032. The new study increased the likelihood slightly to 63 percent by 2037. For the Los Angeles Basin, the probability is higher at 67 percent. There is no past comparison for the Los Angeles area.
Scientists still cannot predict exactly where in the state such a quake will occur or when. But they say the analysis should be a wake-up call for residents to prepare for a natural disaster in earthquake country.
Knowing the likelihood of a strong earthquake is the first step in allowing scientists to draw up hazard maps that show the potential severity of ground shaking in an area. The information can also help with updating building codes and emergency plans and setting earthquake insurance rates.
"A big earthquake can happen tomorrow or it can happen 10 years from now," said Tom Jordan, director of the earthquake center, which is headquartered at the University of Southern California.
Researchers also calculated the statewide probabilities for larger temblors over the same time period. Among their findings: There is a 94 percent chance of a magnitude 7 shock or larger; a 46 percent chance of a magnitude 7.5 and a 4.5 percent chance of a magnitude 8.
The odds are higher that a magnitude 7.5 quake will hit Southern California than Northern California _ 37 percent versus 15 percent.
Of all the faults in the state, the southern San Andreas, which runs from Parkfield in central California southeast to the Salton Sea, appears most primed to break, scientists found. There is a 59 percent chance in the next three decades that a Northridge-size quake will occur on the fault compared to 21 percent for the northern section.
The northern San Andreas produced the 1906 San Francisco earthquake, but the southernmost segment has not popped in more than three centuries.
Scientists are also concerned about the Hayward and San Jacinto faults, which have a 31 percent chance of producing a Northridge-size temblor in the next 30 years. The Hayward fault runs through densely populated cities in the San Francisco Bay Area. The San Jacinto fault bisects the fast-growing city of San Bernardino east of Los Angeles.

Scientists: Big Quake Likely in Calif.

California faces an almost certain risk of being rocked by a strong earthquake by 2037, scientists said in the first statewide temblor forecast.
New calculations reveal there is a 99.7 percent chance a magnitude 6.7 quake or larger will strike in the next 30 years. The odds of such an event are higher in Southern California than Northern California, 97 percent versus 93 percent.
"It basically guarantees it's going to happen," said Ned Field, a geophysicist with the U.S. Geological Survey in Pasadena and lead author of the report.
The 1994 Northridge earthquake under Los Angeles' San Fernando Valley was magnitude 6.7. It killed 72 people, injured more than 9,000 and caused $25 billion in damage in the metropolitan area.
The damage created by an earthquake depends greatly on where it hits. A 7.1 quake _ much stronger than Northridge _ hit the Mojave Desert in 1999 but caused only a few injuries and no deaths.
California is one of the world's most seismically active regions. More than 300 faults crisscross the state, which sits atop two of Earth's major tectonic plates, the Pacific and North American plates. About 10,000 quakes each year rattle Southern California alone, although most of them are too small to be felt.
The analysis is the first comprehensive effort by the USGS, Southern California Earthquake Center and California Geological Survey to calculate earthquake probabilities for the entire state using newly available data. Previous quake probabilities focused on specific regions and used various methodologies that made it difficult to compare.
For example, a 2003 report found the San Francisco Bay Area faced a 62 percent chance of being struck by a magnitude 6.7 quake by 2032. The new study increased the likelihood slightly to 63 percent by 2037. For the Los Angeles Basin, the probability is higher at 67 percent. There is no past comparison for the Los Angeles area.
Scientists still cannot predict exactly where in the state such a quake will occur or when. But they say the analysis should be a wake-up call for residents to prepare for a natural disaster in earthquake country.
Knowing the likelihood of a strong earthquake is the first step in allowing scientists to draw up hazard maps that show the potential severity of ground shaking in an area. The information can also help with updating building codes and emergency plans and setting earthquake insurance rates.
"A big earthquake can happen tomorrow or it can happen 10 years from now," said Tom Jordan, director of the earthquake center, which is headquartered at the University of Southern California.
Researchers also calculated the statewide probabilities for larger temblors over the same time period. Among their findings: There is a 94 percent chance of a magnitude 7 shock or larger; a 46 percent chance of a magnitude 7.5 and a 4.5 percent chance of a magnitude 8.
The odds are higher that a magnitude 7.5 quake will hit Southern California than Northern California _ 37 percent versus 15 percent.
Of all the faults in the state, the southern San Andreas, which runs from Parkfield in central California southeast to the Salton Sea, appears most primed to break, scientists found. There is a 59 percent chance in the next three decades that a Northridge-size quake will occur on the fault compared to 21 percent for the northern section.
The northern San Andreas produced the 1906 San Francisco earthquake, but the southernmost segment has not popped in more than three centuries.
Scientists are also concerned about the Hayward and San Jacinto faults, which have a 31 percent chance of producing a Northridge-size temblor in the next 30 years. The Hayward fault runs through densely populated cities in the San Francisco Bay Area. The San Jacinto fault bisects the fast-growing city of San Bernardino east of Los Angeles.

Tuesday, April 29, 2008

Obama strongly denounces former pastor

HICKORY, N.C. - Democratic presidential candidate Barack Obama said Tuesday he was outraged by the latest divisive comments from his former pastor and rejected the notion that he secretly agrees with him.
Obama is seeking to tamp down the growing fury over Rev. Jeremiah Wright and his incendiary remarks that threaten to undermine his campaign at a tough time. The Illinois senator is coming off a loss in Pennsylvania to rival Hillary Rodham Clinton and trying to win over white working-class voters in Indiana and North Carolina in next Tuesday's primaries.
"I am outraged by the comments that were made and saddened by the spectacle that we saw yesterday," Obama told reporters at a news conference.
After weeks of staying out of the public eye while critics lambasted his sermons, Wright made three public appearances in four days to defend himself. The former pastor of Trinity United Church of Christ in Chicago has been combative, providing colorful commentary and feeding the story Obama had hoped was dying down.
On Monday, Wright criticized the U.S. government as imperialist and stood by his suggestion that the United States invented the HIV virus as a means of genocide against minorities. "Based on this Tuskegee experiment and based on what has happened to Africans in this country, I believe our government is capable of doing anything," he said.
And perhaps even worse for Obama, Wright suggested that the church congregant secretly concurs.
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Watch Obama's entire speechApril 29: Watch the entire news conference given by Barack Obama regarding the controversial comments of his former pastor.
MSNBC"If Senator Obama did not say what he said, he would never get elected," Wright said. "Politicians say what they say and do what they do based on electability, based on sound bites, based on polls."
Obama stated flatly that he doesn't share the views of the man who officiated at his wedding, baptized his two daughters and been his pastor for 20 years. The title of Obama's second book, "The Audacity of Hope," came from a Wright sermon.
"What became clear to me is that he was presenting a world view that contradicts who I am and what I stand for," Obama said. "And what I think particularly angered me was his suggestion somehow that my previous denunciation of his remarks were somehow political posturing. Anybody who knows me and anybody who knows what I'm about knows that I am about trying to bridge gaps and I see the commonality in all people."
In a highly publicized speech last month, Obama sharply condemned Wright's remarks. But he did not leave the church or repudiate the minister himself, who he said was like a family member.
On Tuesday, Obama sought to distance himself further from Wright.
"I have been a member of Trinity United Church of Christ since 1992, and have known Reverend Wright for 20 years," Obama said. "The person I saw yesterday was not the person that I met 20 years ago."
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Russert on Rev. Wright falloutApril 29: NBC’s Tim Russert discusses the Wright episode's effect on Obama’s bid for the Democratic nomination.
Nightly NewsObama said he heard that Wright had given "a performance" and when he watched news accounts, he realized that it more than just a case of the former pastor defending himself.
"His comments were not only divisive and destructive, I believe they end up giving comfort to those who prey on hate," Obama said. "I'll be honest with you, I hadn't seen it" when reacting initially on Monday, he said.
Wright had asserted that criticism of his fiery sermons was an attack on the black church. Obama rejected that notion.
Obama said his earlier mild reaction came because he gave him the benefit of the doubt, but that evaporated when he saw Wright's speech. Wright's comments may well have severed the relationship.
"He has done great damage, I do not see that relationship being the same," said Obama.
Wright recently retired from the church. He became an issue in Obama's presidential bid when videos circulated of him condemning the U.S. government for allegedly racist and genocidal acts. In the videos, some several years old, Wright called on God to "damn America." He also said the government created the AIDS virus to destroy "people of color."
Obama said he didn't vet his pastor before deciding to seek the presidency. He said he was particularly distressed that the furor has been a distraction to the purpose of a campaign.
I gave him the benefit of the doubt in my speech in Philadelphia explaining that he's done enormous good. ... But when he states and then amplifies such ridiculous propositions as the U.S. government somehow being involved in AIDS. ... There are no excuses. They offended me. They rightly offend all Americans and they should be denounced."

Britney returning to 'Mother' for May sweeps

Zap2it.com
Britney Spears, whose first appearance on "How I Met Your Mother" pushed the CBS comedy to ratings highs, will be back for May sweeps.
The return of the pop tartlet to "HIMYM" had been rumored since her first appearance on March 24 drew nearly 10.7 million viewers and generated relatively positive reviews.
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Spears begins production on Monday (April 28) for an episode titled "Everything Must Go," set to air on May 12.
(It should be noted that rather serious spoilers are about to follow, so take your leave if you must.)
The episode finds Spears' increasingly less meek-and-mousy receptionist Abby bonding with Neil Patrick Harris' Barney over their hatred for Josh Radnor's Ted (a turn of events that suggest definite blowback from the events that closed last week's "HIMYM"). In order to cause Ted a little pain, Barney and Abby decide to pretend they're dating and begin pushing their "relationship" to get a rise out of Ted.
As per usual, hilarity ensues.
"We're all so thrilled to have Britney joining us once again," says series co-creator/executive producer Craig Thomas. "And just to head it off at the pass this time around: Yes, Mom, Britney's very nice and no, I can't get her autograph for you."

Friday, April 25, 2008

More measures likely to curb steel prices: Nath

India has said it will take measures to bring down steel prices, but would first wait to see if producers do it on their own.
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"Let's see. If the steel companies do not do what they should be doing (reducing prices) then the government will do what it should be doing," Commerce and Industry Minister Kamal Nath told PTI in Dubai on Thursday evening.
Already, five major steel producers including SAIL, Tata Steel and Essar have decided to hold the price line for up to three months after an appeal by Prime Minister Manmohan Singh not to manipulate prices for short-term gains.
High steel prices are partly to blame for soaring inflation, which rose to 7.33 per cent for the week ended April 12. Steel has seven per cent weightage in the wholesale price index-based inflation and has contributed significantly to rising prices in the last few months.
The government had earlier withdrawn export incentives on primary steel items. Nath said the government has taken some decision and steel companies have said they would voluntarily bring down prices.
Earlier, Finance Minister P Chidambaram had accused steel and cement companies of behaving like a cartel. "Steel industry should be responsible to ensure that they are playing their part in containing inflation," he said.
When asked whether government would invoke ESMA on steel industry, the minister said: "We are not looking at that as yet."
Speaking on inflationary expectation, Nath said: "All steps taken will lead to reduction of inflation. We are targeting inflation to come down to less than five per cent" in the next two months.

Thursday, April 24, 2008

'Forbidden Kingdom' Fights to Top of Box Office With $20.9M

LOS ANGELES (AP) — A martial arts dream team — Jackie Chan and Jet Li — won the weekend as their movie matchup "The Forbidden Kingdom" debuted at No. 1 with $20.9 million in ticket sales, according to studio estimates Sunday.
The tale of a modern American teen hurtled back in time to a kung fu adventure in ancient China, "The Forbidden Kingdom" features Asian superstars Chan and Li in multiple roles and their first big-screen duel.
"I couldn't believe it had never been done before," said Harvey Weinstein, whose Weinstein Co. released "The Forbidden Kingdom" along with partner Lionsgate.
Universal's romantic comedy "Forgetting Sarah Marshall," starring Jason Segel as a nice guy who's dumped by his glamorous girlfriend (Kristen Bell), opened in second place with $17.3 million. It's the latest from producer Judd Apatow ("Knocked Up").
The previous weekend's No. 1 movie, the slasher remake "Prom Night," fell to third with $9.1 million, raising its total to $32.6 million.
Al Pacino's serial killer thriller "88 Minutes," from Sony's TriStar Pictures, was a dud, premiering at No. 4 with $6.8 million. The movie stars Pacino as a crime profiler who receives a call telling him he has 88 minutes to live.
"Expelled: No Intelligence Allowed," a rare documentary opening in wide release, debuted at No. 9 with $3.1 million. Released by Rocky Mountain Pictures, the film features Ben Stein as he challenges Darwinian theories that prevail in academic circles and suggests that life could have emerged through intelligent design.
In narrower release, the Weinstein Co. documentary "Where in the World Is Osama bin Laden?" bombed with just $143,299 in 102 theaters, averaging a paltry $1,405 a cinema. "Forbidden Kingdom" averaged $6,623 in 3,151 theaters.
A globe-trotting hunt for the al-Qaida leader, "Where in the World Is Osama bin Laden?" was directed by Morgan Spurlock, who made the hit documentary "Super Size Me."
With a PG-13 rating, "The Forbidden Kingdom" proved a family friendly film compared to more action-intense martial arts flicks. The movie is part of a new Asian line of films from the Weinstein Co., including an upcoming remake of "Seven Samurai."
"I have three daughters who have never seen a martial arts movie, and they loved this," Weinstein said. "A lot of females identify with it. That's the audience that's going to grow. I think we'll get young girls and moms next weekend."
Overall receipts were up for the first time in a month as Hollywood lumbers through a prolonged dry spell. The top 12 movies took in $82.1 million, up 12 percent from the same weekend last year.
"There is a collective sigh of relief in Hollywood," said Paul Dergarabedian, president of box office tracker Media By Numbers. "This is overdue and much needed as we head toward the beginning of the summer season."
Movie attendance is running 6.5 percent behind that of 2007, according to Media By Numbers.
Estimated ticket sales for Friday through Sunday at U.S. and Canadian theaters, according to Media By Numbers LLC. Final figures will be released Monday.
1. "The Forbidden Kingdom," $20.9 million.
2. "Forgetting Sarah Marshall," $17.3 million.
3. "Prom Night," $9.1 million.
4. "88 Minutes," $6.8 million.
5. "Nim's Island," $5.7 million.
6. "21," $5.5 million.
7. "Street Kings," $4 million.
8. "Dr. Seuss' Horton Hears a Who!", $3.5 million.
9. "Expelled: No Intelligence Allowed," $3.1 million.
10. "Leatherheads," $3 million.

Saturday, April 19, 2008

Pope Benedict XVI working to clean up priesthood

A top Vatican official now says the Roman Catholic Church is weighing a further change to clean up the clergy: revising church law so predators could be more easily removed.
"It's possible," said Cardinal William Levada, head of the Vatican office that reviews abuse claims against priests worldwide. "There are some things under consideration that I'm not able to say," Levada told reporters Friday, in a meeting at Time magazine's offices.
It is the latest signal during Benedict's first papal visit to the country that he is intent on purifying the priesthood as he affirms traditional Catholic practices and teaching.
He has acknowledged the scourge of abuse in most of his public appearances in the U.S.
He spoke privately with victims - in what is believed to be the first time a pope has met with people who had been abused by priests. He also told bishops the problem had sometimes been very "badly handled" - an indirect but clear papal admonition. Benedict could take up the issue again Saturday in a Mass at St. Patrick's Cathedral with priests from around the country.
So far, Benedict has offered support to America's clergy during his visit.
He said priests who had done nothing wrong had been unfairly tarred by the crisis. More than 4,000 clergy have been accused of molesting minors in the U.S. since 1950. Abuse-related costs have surpassed $2 billion in that period, with much of the payouts in just the last six years. But most of the recent claims concern wrongdoing that occurred decades ago.
At the height of the scandal, which erupted in 2002 with the case of one predator in the Archdiocese of Boston, the shame was so intense that some priests took off their clergy collars before going out in public. Benedict compared their suffering to "Christ in his Passion."
However, morale has been improving as the intensity of the crisis has eased.
Seminary rectors say that their students are eager to show through their service to parishioners that the priesthood can still be a noble calling.
Yet, Catholic clergy face other challenges beyond fallout from the abuse problem.


The priesthood has been shrinking for decades. More than 3,200 of the 18,600 U.S. parishes don't have resident priests, according to the Center for Research in the Apostolate at Georgetown University. More lay people than clergy work full-time in the churches.
The U.S. Conference of Catholic Bishops created a recruitment campaign called "Fishers of Men," that encourages priests to invite young men to consider entering the priesthood.
Dioceses have been hiring recruiters to travel overseas to find clergy candidates. The number of priests from other countries has grown so steadily that some seminaries are adding English classes, hiring accent reduction tutors and providing courses on American culture.
International recruitment is motivated partly by the exploding demand for Spanish speakers for the Hispanic immigrants filling the pews.

Saturday, April 12, 2008

IIMs, IITs to discuss 'creamy layer' with Arjun next week

New Delhi/Mumbai: The "creamy layer" issue continues to fox ministers as well even as the premier B-schools delayed their admission process till the human resource development (HRD) ministry clarifies its stand. The “creamy layer” broadly refers to second-generation beneficiaries of well-off Other Backward Classes (OBCs), which the Supreme Court had excluded from its judgment upholding the 27 per cent quota for OBCs in central educational institutions. The lack of clarity over who qualifies for this label has caused all-round confusion. Directors of the premier Indian Institutes of Technology (IITs) and Indian Institutes of Management (IIMs) are scheduled to meet the human resource development (HRD) ministry representatives next week, said sources, to discuss the quota implementation issue. While the IITs, IIMs and central universities are awaiting the HRD ministry’s directive on how to go about implementing the OBC quota on the campuses, IITs hint that if the directive does not come in time, the admission could get slightly delayed. IIMs have already gone on record saying they expect the release of the admission list to be delayed by a week. The IIT Joint Entrance Exam is scheduled for April 13 (Sunday), for which over 300,000 students will appear. IIT Roorkee, which is holding the exam this year, had already invited applications with the OBC status details of the candidates. “But with the issue of the creamy layer still not clear, we will need to wait for the final directive from the ministry and act accordingly,” said an IIT Roorkee professor. The IITs say they had to put a brake on their plans of upgrading the infrastructure on the campus when the court did not give a ruling last year. Meanwhile, at today’s 30-minute Cabinet meeting, HRD Minister Arjun Singh was silent as others debated the issue. “The prime minister said there is need to discuss the judgment, a detailed form of which we are awaiting. Only after studying the verdict can we think of some solution,” is all he would tell the media. Health Minister Anbumani Ramadoss and Steel Minister Ram Vilas Paswan, while congratulating the government, voiced concerns over the exclusion of the “creamy layer”. Railway Minister Lalu Prasad, however, placated them: “After all it is up to the governments, both central and state, to decide who falls in the purview of the creamy layer.” Prime Minister Manmohan Singh reportedly interjected to end the debate: “We need to study the judgment before reaching a conclusion.” Last night, top Congress managers including Ahmad Patel, Pranab Mukherjee and A K Antony, among others, also spoke to UPA allies and told them the government would address the “creamy layer” issue.Source: Business Standard
Related reportSupreme Court upholds quotas for OBCsParties laud 'landmark' verdict; Quota to ensure 49.5pc reserved seatsOBC verdict: Will merit be the casualty?Quota: Private sector to be next target?IITs seek sanction to double fees from JuneAre schools fire proof? SC grants six weeks to explainGovt okays 4 IITs, 6 IIMsIIM-A hikes fee by over 100 per centIIMs may have to explain fee hikesIIT-Bombay honoured 'knowledge heritage centre'New IITs for Bihar, Andhra and RajasthanGlobal companies vie for IIM studentsIIM-A students create online marketplaceNavodayas, IIM team up to go beyond mere education

Monday, April 7, 2008

Sonia bowls a googly

Trust Sonia Gandhi to spring a few political surprises. If the Queen Bee of Congress stumped one and all by refusing to take on Prime Ministership four years ago, yesterday she played another trump card by leaving out her son and Gen Next Gandhi out of the expanded Union Cabinet."I wanted him to be included in the Council of Ministers, but he refused" was her terse comment when the media questioned Sonia Gandhi about the cabinet expansion and inclusion of only two youth leaders in a list of seven additions.

The UPA Chairperson also bowled a googly by resisting coalition pressures that dictated the inclusion of DMK supremo Muthuvel Karunanidhi's daughter Kanimozhi and her good friend Supriya Sule, daughter of NCP honcho Sharad Pawar into the expanded council of ministers which is now 80-strong. Of these 40 are Ministers of State, 32 hold Cabinet rank and eight have Independent Charge of their fiefdoms.Sonia Gandhi blamed the same coalition politics for failing to have more young guns in the council of ministers while Prime Minister Manmohan Singh said it was a suggestion for future action.

Blend of youth and experience

As for the new group of ministers, it is a mixture of youth and experience, though loyalty to the party has obviously been the guiding principle behind each of the new inductions.If Puducherry (Pondicherry) veteran V Narayanasamy was rewarded for his vocal defence of his party in the Rajya Sabha, Ramesh Oraon and Santosh Bagrodia have been included keeping in view the vote banks they represent in the states of Jharkhand and Rajasthan.In fact youth leader Sachin Pilot probably missed out because of Bagrodia who is considered a better bet across Rajasthan due to his industrialist status as compared to Pilot who, like his father Rajesh Pilot, is a Jat politician from Dausa.The induction of Jyotiraditya Scindia was a foregone conclusion as was that of Jiten Prasada, son of the late Jitendra Prasada, a man whose loyalty to Number Ten (10, Janpath) was known even during the Gandhi family's political ostracisation between 1991-96.Finally, the induction of RJD leader Raghunath Jha proves that Sonia Gandhi wants to retain her association with Laloo Prasad Yadav at any cost. Recent reports of a rapproachment between Laloo and the Samajwadi Party headed by Mulayam Singh Yadav could have caused this.

Old in charge of young

Probably the most suitable candidate for a ministerial berth, Dr. M.S. Gill served on the election commission, first with T.N. Seshan and then independently at the helm. A strickler for the rule book, Dr. Gill's tenure as CEC coincided with the path-breaking elections in Indian democratic history. The 72-year-old Dr Gill has ironically been handed over charge of Youth Affairs and Sports, a ministry that should have gone to a younger minister. However, reports suggest that the ongoing feud between Mani Shankar Aiyar, Gill's predecessor, and the Indian Olympic Association was the cause for this change. Along with the induction of seven new faces, Sonia Gandhi also got six ministers to put in their papers. These include Manikrao Gavit (Home), Suresh Pachouri (Parliamentary Affairs and Personnel), Dasari Narayana Rao (Coal), M V Rajasekharan (Planning), T Subbirami Reddy (Mines) and Akhilesh Das (Steel).

Jiten's task cut out

Jiten Prasada, who has been allocated the Steel ministry, has his task cut out as he would have to work with the industry to curtail rising steel prices, a crucial contributor to the inflation. Tribal leader Oraon, elected from Lohardaga in Jharkhand, gets Tribal Affairs portfolio and Bettiah MP Jha has been allocated Heavy Industries and Public Enterprises portfolio. Narayanasamy, member of the Congress vocal brigade in the Rajya Sabha, has been given Parliamentary Affairs and Planning.
Touch of royalty

As for Scindia, his status as a youth icon combined with the fact that he is a technocrat of sorts, resulted in the Scion of the Gwalior Family getting ensconsed in the Ministry of IT and Commnunication. Of course, it remains to be seen what the Senior Minister A Raja of DMK wants his junior minister to handle. Along with these new additions, Prime Minister Manmohan Singh also made a few changes to the Union Cabinet portfolios. B K Handique sheds Parliamentary Affairs and gets Mines portfolio in addition to his present charge of Chemicals and Fertilisers. Shakeel Ahmed moves from Communications and IT to Home, while high profile Jairam Ramesh gets Power in addition to Commerce. MoS Finance P K Bansal gets additional charge of Parliamentary Affairs.MoS in the PMO Prithviraj Chavan gets additional charge of Personnel, Public Grievances and Pension and MoS HRD Kanti Singh has been shifted to Tourism and Culture.

Thursday, April 3, 2008

Derelict sites and dangerous structures

All local authorities in Ireland are responsible for dealing with derelict sites and dangerous structures in their area. The Derelict Sites Act, 1990 and the Local Government (Sanitary Services) Act, 1964 can be used by local authorities to force owners to clean up these sites. Both acts allow local authorities to prosecute owners who do not comply with notices served, to keep registers of all derelict sites and dangerous structures, to purchase land compulsorily and to carry out necessary work themselves and charge the owners for the cost.
You are required by law to make sure your property does not become derelict or contain any dangerous structures. If it does, you must take steps to remedy the situation. Otherwise, you are liable for prosecution by your local authority.
Rules
Statutory notices
If you are the owner or occupier of a dangerous structure or derelict site, you are likely to receive a number of statutory notices from your local authority. These notices will tell you what the local authority is doing in relation to your property. You could get a notice to tell you that your property has been added to the Derelict Sites Register or that is has been classed a dangerous structure. You will then get another notice to tell you what the local authority wants you to do to clean up your site or make it safe. If you do not carry out this work within the allotted time, staff from the local authority can enter your property, carry out the work itself and charge you for the cost. Again, if local authority staff plan to enter your property for any reason, the local authority will send you a notice. In some circumstances, a local authority may decide to purchase a derelict site or dangerous structure compulsorily. In this case, a notice will be sent to the owner or occupier and an advertisement will appear in the local newspaper giving details of the land to be purchased. You have the right to respond to any notice the local authority sends you and to make an objection to the compulsory purchase of a site.
Registers of derelict sites and dangerous structures
Your local authority has to keep registers of all derelict sites and dangerous structures in its area. They contain the location of the property, the name and address of the owner and details of any action the local authority may have taken about these sites. If the property is owned or occupied by a local authority, the register must contain details of what it is being used for and what the local authority intends to do with it.
If District Court Orders Under Section 8 of the Local Government Sanitary Services Act 1964 concerning dangerous structures are not entered into the Register of Orders within 10 days after the order was made, they are no longer valid. Declaring a structure dangerous can leave the local authority open to the possibility of litigation if any injury or damage results from a structure that is known by the authority to be dangerous and has been registered as such. Even if the local authority does not own the dangerous structure, it could be liable for failing to ensure that it is made safe.
The Derelict Sites Register must give details of the current market value of the every site it contains. This valuation is done by the local authority, which can authorise any qualified person to act on its behalf. Any valuation approved by the local authority must reflect the value of the land if it were sold in the open market. Details of the valuation are entered into the register and a notice is served on the owner of the derelict site in question. Owners have to right to appeal the valuation. All appeals must be made to the Valuation Tribunal within 28 days of the owner receiving the notice. Appeal forms are available from your local authority.
Local authorities can remove entries from the Derelict Sites Register and the Dangerous Structures Register when they are satisfied that the recommended work has been carried out on the properties. These registers are available to be viewed by the public. For further details, contact your local authority.
Derelict sites levy
The owners of all urban land that has been entered into the Derelict Sites Register must pay an annual levy to their local authority. This levy amounts to 3% of the market value of the land concerned or in respect of any subsequent such year, such amount not exceeding 10%, as may stand prescribed for each urban area or if there is no such amount prescribed, 3% of the said market value. The levy only applies to urban land but under the terms of the Derelict Sites Act, 1990, the Minister for the Environment, Heritage and Local Government can prescribe any area to be an urban area, as long as it is not part of a county or other borough.
The levy must be paid when a demand is sent out by the local authority. It may be possible to pay the levy in installments if you get the agreement of your local authority. If your local authority decides that the payment of the levy (and any interest due on it) would cause you undue hardship, it can decide to hold off on further action to get payment for the whole or part of the amount due.
However, if the levy has not been paid within two months of receiving the demand and no agreement has been reached with the local authority, interest will be charged on the full amount at a rate of 1.25% a month or part of a month. The local authority can take the owner to court to recover this amount, if necessary.
If the site is removed from the derelict sites register, the local authority will calculate the levy owed based on how many days are left in the financial year and send either a refund or a demand for payment to the owner.
Any change in the valuation of the land means that the levy on that land will also be changed. If the value is decreased, the local authority will re-calculate the amount, according to the new valuation and refund any excess that may have been paid by the owner. If the value of the property is increased, the local authority is entitled to demand the levy on the amount of the increase.
If the local authority is satisfied that the owner of a derelict site has plans to develop the property and planning permission has been granted for this development, the owner can enter into a bond instead of paying the derelict sites levy. This bond is a guarantee that has been secured with a bank or insurance company, agreeing that all derelict site levies due on the property will be paid if the scheme or a similar scheme is not carried out within five years.
Regulations regarding dangerous structures
There are specific regulations about dangerous structures. The local authority can direct that work (including the demolition of the structure and the clearing of the site) be carried out immediately if it considers it necessary. It may also require that all use of the dangerous structure be stopped. In certain cases, the local authority can direct the occupier of a dangerous structure to leave and remove all his or her property. This is done in the interests of the occupier's safety. If it is necessary, the local authority can get a court order, which allows it to use whatever force it considers necessary to remove the person and his or her property from the dangerous structure. The local authority can also ask the Gardai for help in this situation. It is up to the local authority to decide if it should provide other accommodation or give money to a person who has been forced to leave his or her dwelling in this way. This may depend on whether the person carried on any trade or business in the dangerous structure or if the local authority considers that the person will suffer real hardship because of having to leave.
Compulsory purchase
All local authorities can buy derelict sites or dangerous land in their areas (including land that is no longer dangerous because the local authority has carried out work on it), either by agreement with the owner or compulsorily. Compulsory purchases have to be advertised in the local newspaper, with details of the land in question, and a notice must be sent to the owner or occupier of the land giving information about how and where he or she can make an objection to the purchase. In the case of a dangerous place, a notice must be posted either on or near the land, giving details of the local authority's intentions. If an objection is made to the compulsory purchase, the local authority cannot buy the land without the consent of An Bord Pleanala..
Vesting orders
If An Bord Pleanala approves the compulsory acquisition and the local authority has dealt with any objections it may have received about the purchase, the land can be bought by the local authority using a vesting order. If there is any money due on the land to the Irish Land Commission or the Commissioners of Public Works in Ireland, the local authority has to inform these bodies of its intention to make the vesting order. If there is any charge due to the Revenue Commissioners on the death of any person who has an interest in the land, the local authority should inform the Revenue Commissioners of its plans. When the vesting order has been made, the local authority is responsible for paying the Irish Land Commission and the Commissioner of Public Works in Ireland whatever annuities or payments are due. Any money due to the Revenue Commissioners should be paid by the beneficiary of the deceased. Within two weeks of making the order, the local authority must publish a notice in the local newspaper, stating that a vesting order has been made and giving details of the land in question. It must also serve a notice on the owner or anyone who has an interest in the land stating that a vesting order has been made.
Compensation
If you have any right to or interest in land that has been compulsorily acquired by a local authority, you can apply to it for compensation within 12 months of the vesting. The local authority will then pay you an amount equal to the value (if any) of the land. The value of the land will be negotiated under the Acquisition of Land (Assessment of Compensation) Act, 1919. If there is any money due to the local authority on the property (in the form of a derelict sites levy or a court order for payment), the local authority can subtract this from the compensation. If the amount owed on the property is more that the compensation that has been agreed, no compensation will be paid.
Use of land acquired through compulsory purchase
Local authorities can use land they acquire through compulsory acquisition orders for any purpose connected with their powers and duties. If they no longer need the land or any part of it, they can sell, let, transfer or exchange it, subject to regulations under the Derelict Sites Act, 1990. Any money they get from the sale or lease of this land is used to carry out their powers and duties. It is common practice among local authorities to offer land acquired compulsorily to their housing departments for use in local authority housing projects. If the land is not wanted or required, it can be put up for public tender.
Offences under the Derelict Sites Act, 1990
Under this Act, it is an offence to:
Remove, damage or deface a notice posted by the local authority regarding a derelict site.
Fail to carry out the measures required by the local authority to prevent a property from being classed as derelict within an allotted time.
Fail to notify the local authority of the transfer of land or interest in land (other than by will or on an intestacy) from one person to another. Both parties must notify the local authority in writing within four weeks of the transfer.
Fail to notify the local authority of the transfer of land or interest in land by will or on an intestacy. The new owner must notify the local authority in writing within six months and the representative of the person under whose will or upon whose intestacy the transfer occurred must notify the local authority in writing within two months.
Prevent an authorised person from entering or carrying out authorised business on the derelict site.
Anyone who commits an offence under this Act can be prosecuted by the local authority in whose area the offence was committed.
On summary conviction for all offences: a fine not exceeding 1,270 euro, also a fine not exceeding 127 euro for every day on which the offence continues and not exceeding 1,270 euro in total. (This figure does not include the original fine of 1,270 euro for committing the offence in the first place). You could also be sentenced to imprisonment for a term not longer than six months. If the court decides, you could be subject to both a fine and imprisonment.
On conviction or indictment of failing to carry out the measures required by the local authority to prevent a property from being classed as derelict within an allotted time: a fine not exceeding 31,750 euro, with a fine not exceeding 2,540 euro for every day the offence is continued, or imprisonment for a term not exceeding two years. If the court decides, you could be subject to both a fine and imprisonment.
Offences under the Local Government (Sanitary Services) Act, 1964
Under the Local Government (Sanitary Services) Act, 1964, if is an offence to:
Obstruct a sanitary authority that is carrying out its duty under the Act.
Obstruct anyone attempting to comply with the Act.
On summary conviction for these offences: a fine not exceeding 63.50 euro.
Under the Local Government (Sanitary Services) Act, it is an offence to:
Fail to carry out the measures required by the sanitary authority to prevent a structure or place from being classed as dangerous within an allotted time.
Fail to comply with an order of the District Court under the Local Government (Sanitary Services) Act 1964
On summary conviction for these offences: a fine not exceeding 127 euro.
Under the Local Government (Sanitary Services) Act, 1964, it is an offence to:
Fail to give information or knowingly give wrong information to the local authority about the ownership of a dangerous structure.
Obstruct an authorised officer of the local authority while he or she is exercising a power conferred by the Local Government (Sanitary Services) Act, 1964.
On summary conviction for these offences: a fine not exceeding 12.70 euro.
Rates
Fines are payable to the local authority for non-compliance with statutory notices about derelict sites and dangerous structures. The derelict site levy is also payable to the local authority if the site is entered into the Derelict Sites Register. This levy amounts to 3% of the market value of the land concerned or in respect of any subsequent such year, such amount not exceeding 10%, as may stand prescribed for each urban area or if there is no such amount prescribed, 3% of the said market value. The local authority can recover the cost of necessary work on both derelict sites and dangerous structures from the owners.