Asked in Gov & Administrative Law and Real Estate Law for Alabama

Q: I am having problems with a county agency over a drainage ditch behind my house.

I'm having problems with a drainage ditch behind my house. Stormwater is cascading from the ditch onto my property cause severe soil erosion to the point my shed near the ditch is about to collapse into the ditch. The public works department says it is the water works problem and water works say it is the problem of the public works. They are playing tennis with me as the tennis ball. Neither is willing to accept responsibility. The county says they are not responsible for this drainage ditch. Yet, I have seen them out there working on that ditch over the past 15 years I have lived here. I need a lawyer to help me out. I don't believe the county is being truthful. However, I have no idea what type of lawyer I need

1 Lawyer Answer
William Vann Burkett
William Vann Burkett
  • Huntsville, AL
  • Licensed in Alabama

A: You likely need an attorney who handles eminent domain or inverse condemnation cases. The Alabama Supreme Court has found that in some cases excessive runoff and erosion may result in an unconstitutional taking. The viability of inverse condemnation claims are highly dependent on the timing and circumstances of the government project. You should contact an attorney immediately so that they can fully evaluate any claims that you may have.

Tim Akpinar agrees with this answer

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