Asked in Environmental, Real Estate Law and Civil Litigation for Alabama

Q: Who is responsible for my property damage caused from high velocity storm water from the alabama state highway drain pip

The flooding is more than 60ft wide and rapid. Resulting in erosion, pushes out my underpinnings, and all my house exits are flooded for a time.

Aldot has come out and cleared the drainage ditch last August the problem still persists, more frequently. That's all they will do. Im 750 ft from roadway. 2 lots upward near drain, flood waters exit my lot to the next. I'm the only one with a house directly in the middle of the flood waters. I'm in rural, county. What can I do?

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

A: It is possible that you have a claim against the state for what is called inverse condemnation. The state is generally not permitted to take or destroy private property without going through a formal condemnation procedure. However, the law is very technical as to what is considered a regulatory taking and what is considered a wrongful or inverse condemnation. Unfortunately, Alabama law likely does not allow for a recovery if the damage to your property is considered a regulatory taking. You may be able to recover against the state if the damage is due to an inverse condemnation. You should contact an attorney who handles real estate litigation or condemnation cases.

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