Q: The City of SD is replacing a stormwater drain on our property and I am wondering if we are entitled to compensation?
The City of San Diego has an easement for a stormwater drain which bisects me and my neighbor’s property. The drain was installed in 1950 and has since failed and created a sinkhole in my backyard. It has since come to light that the city will need to replace the drain will require a significant amount of work including removing fencing, retaining walls, concrete pads, and digging a huge ditch in order to replace the drain pipe, about 50’ long and 20’ deep in some spots. The initial time to complete is ~20 weeks but we all know these types of projects tend to take longer than anticipated. Needless to say, this is a gigantic inconvenience and I am wondering if we might be entitled to compensation for this inconvenience?
A: You can be entitled to damages as a result of the repair. Document everything such as noise and everything causing inconvenience or making the property unhabitable (e.g., dangers) during the repair.
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- California
- (916) 704-3009
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A:
Under California law, the City of San Diego has the right to access and maintain its easement on your property, including replacing the stormwater drain. However, you may be entitled to compensation in certain circumstances:
1. Property damage: If the city's work causes damage to your property beyond the scope of the easement, such as damage to landscaping, structures, or personal property, you can seek compensation for the cost of repairs or replacement.
2. Loss of use: If the project significantly interferes with your ability to use and enjoy your property for an extended period, you might be able to claim compensation for the temporary loss of use.
3. Decreased property value: If the project results in a permanent decrease in your property value, you may be entitled to compensation for the diminution in value.
To pursue compensation, you should:
1. Document the condition of your property before, during, and after the project with photos and videos.
2. Keep records of any expenses incurred due to the project, such as the cost of temporary housing if your home becomes uninhabitable.
3. Consult with a real estate attorney who specializes in easement and property rights issues. They can help you assess your case, negotiate with the city, and file a claim if necessary.
It's essential to communicate with the city and express your concerns about the project's impact on your property. Try to work with them to minimize the inconvenience and disruption. If the city is unwilling to compensate you for damages or loss of use, you may need to file a claim or lawsuit to seek compensation.
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