Legal Question in Civil Litigation in Florida
DOT putting a drain pipe in front of residences
Is it legal to put a drain pipe that connects the flooded side of a road to the non-flooded side of the road. DOT put a drain pipe under a road which lets the flood waters run under the road directly into the homes across the road. In other words they are using homes as a retention pond to save the road. Whenever it floods on the side where the water should be it runs in the drain pipe that connects the two sides of the road which in turn floods all of the houses on the non-flooded side. Just curious if this is legal.
Thanking you in advance.
1 Answer from Attorneys
Re: DOT putting a drain pipe in front of residences
Whether this is "Legal" is difficult to determine based on your post. Government agencies have broad discretion when it comes to public works projects. What you need to determine is whether the action constitutes a "taking" of your property without compensation, and if the agency went through the proper procedure prior to commencing the project.
There are several good attorney's in the Tallahassee area who specialize in this area of law. If you want the names of a couple please contact my office and I will be happy to refer you.
Hopefully, you are recovering well.