Atlanta, GA asked in Land Use & Zoning for Mississippi

Q: Can george county Mississippi be held liable for erosion of my private property

I constantly struggle with my driveway washing out because of the poorly designed county road the water comes off the road goes straight down my drive washing it out every good rain in tired of spending my money they have no ditches or drainage in place can I hold them legally responsible for the destruction of my driveway do I have a legal leg to stand on your quick response would be appreciated.

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1 Lawyer Answer
Tim Akpinar
Tim Akpinar
Answered

A: Probably not. It does not appear to be an action in which you'd want to invest time and money. If the county road does not have features that suggest negligence in its design or construction, it would appear that there really wouldn't be a strong case there. A county road is not going to be held to the same engineering standards as a federally funded six-lane interstate highway with sophisticated storm water drainage features. You could check with a Mississippi attorney to see if their position is different. You could also check with a civil engineer in the department of transportation to see if it is a problem that impacts other homes, whereby a study could be made to see if any changes could be made to alleviate the problem. Good luck

Tim Akpinar

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