Mom bought a piece of property for some horses, owned it for a few years, recently the county has been redoing some property across the street and caused major flooding. She is not in a flood zone but they washed out her driveway (10-13k damage) and there is no way in or out of the property.

She is arguing with the county now but since there are live animals there with no way in or out for food or care plus the caretaker that lives there cannot get into the property (she is walking through chest high water now and the drive is probably half a mile long). They replaced the concrete easement last week and after an inch of rain, it washed away again. The county has admitted they failed to retain the silt and soil, plus admit that they flooded her, neighbors,and the road but are claiming she is in a flood zone. She had a survey just done yesterday, that says it is not in a flood zone, fema says she is not, and the county secretaries say it is not a flood zone but the engineers say otherwise.

At this point she bought an adjoining 5 acres to bulldoze in a new driveway because the front appears like it will always flood. She is looking at probably 15k in clearing and construction, just to get a drive in, plus she had to buy the land (well she needed a drive quickly so she did buy). Any ideas what to do here? Do they have any legal responsibilities?

 

Didn't read. Fuck cancer.

 

Hire a lawyer.

 

Just wondering if anyone has heard of anyone winning or is fighting the county a waste of time? She spoke with one lawyer, who charged $200 and gave her some suggestions but nothing a simple google search couldn't have turned up. He didn't seem to think he could do much but it seems insane, they killed her property value plus the drive issue.

 

Hire an attorney. I dont have first hand knowledge or experience but for work i have seen people who have successfully won against the county for similar things.

 

Doesn't sound like she is going to get anywhere without any legal action.

 

Moved to Home & Garden b/c you'll likely get better responses there.

That said, you're probably going to have to speak to an attorney. I know we have a few on AZ, but not sure any are in your city/county... so you'll likely want to go local.

 

Should have left this in ramblings, they'll give better advise thank some lawyer, that you'll have to to pay....

 

Here let me help you with the answers he'll get from Ramblings.

1. Call Paypal
2. Burn them with fire
3. 
4. Whiskers

 

^ haha this is true but I figured more would see it in Ramblings. Regardless, she doesn't mind spending money on a lawyer but the first one just took $200 and provided nothing.

It is in a place in Florida know for horses so I suggested getting some horse groups or something involved because the county doesn't care they don't have food. Wading through water with bails of hay and grain over your head is not practical.

 

It is possible to fight and even win against a county government but it will be a long and slow process.

 

Not enough information here.

What did the county build across the street?

Why does the driveway appear like it will always flood now?

Did they build the concrete easement for her? On her property?

How the f#ck did a concrete easement wash away in one heavy rain?

What did they do after it washed away?

How did the county admit fault? Casual conversation? Signed letter?

 

-this is the problem, engineers said it on site, workers on site, county commissioner did and they agreed to let the crew fix it with no permit but the crew said the county will screw with them and don't do it (this was emailed). Keep in mind they were still charging $5k but it was a huge discount.

 

You forgot, go to court without a lawyer, just the advise given here will work.

 

Yea...because this situation is even remotely close to an erroneously marked speeding ticket.

 

Your friend needs a real property lawyer to assess the county's actions and easement rights-- it doesn't sound like there is a natural wash or natural water being diverted onto the property, but usually the party that causes water to divert onto a property which causes damage is liable, in the absence of a right to divert water under an easement or condition running with the property.

 

Let's see if I have this right:

The county raised the road surface 3 feet. Obviously they would have also raised the ends of the driveways 3 feet (to meet the road) and put concrete drainage pipes under the the driveway ends.

Now rain has washed the fill out from under the driveway ends and disabled the roadside drainage system.

Is that about right?