Legal Question in Environmental Law in Illinois
Drainage issue - flooding & standing water
Within the last year, our yard and multiple neighbors' have seen a drastic increase in flooding/standing water. We realize that heavy rainfall can cause this, but it has become an ongoing issue, such that every time it rains we have a river running through our yards, it never dries out in between rains, and our window wells are constantly full and refill even if we pump them out. We suspect the cause is related to a teardown/rebuild of a house on our street. The new house is significantly larger than the original, and prior to its construction our issue did not exist.
Between ourselves and our neighbors, we have contacted the village, and public works has viewed the problem firsthand. The village tells us that they are working with IDOT (we are located near a tollway) to develop a drainage plan; however it's clear that they are not moving very quickly nor are we convinced that anything will really be done. Meanwhile, we can't even mow our lawns. We are also frustrated that the village is doing nothing to determine the root cause of the problem. Clearly something in the last few years has changed (we suspect that the new house may have obstructed a drain tile).
What are our rights and best course of action?
1 Answer from Attorneys
Re: Drainage issue - flooding & standing water
You would need proof that the cause was the teardown/rebuild. Probably the best way to proceed is for your neighbors to jointly hire a civil engineer to diagnose the problem. If the engineer finds that the rebuild is the source of the problem you may be able to get the municipality to force them to fix the problem. If not, a lawyer acting on your behalf (either just you or a group of neighbors) should be able to force the property owner to fix the problem.
Shell Bleiweiss
http://www.shell-bleiweiss.com