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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 99506
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Is it legal in Indiana town to have their storm water

Customer Question

Is it legal in Indiana for a town to have their storm water pipe draining off onto private property I living in this situation it is damaging my backyard and making it unusable
Submitted: 5 months ago.
Category: Legal
Expert:  Ely replied 5 months ago.
Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. No, it is not. Indiana follows a modified common enemy use rule of drainage law. It states: "that surface water which does not flow in defined channels is a common enemy and that each landowner may deal with it in such manner as best suits his [or her] own convenience. Such sanctioned dealings include walling it out, walling it in[,] and diverting or accelerating its flow by any means whatever." Argyelan v. Haviland, 435 N.E.2d 973, 975 (Ind.1982) (emphasis added); accord Pflum v. Wayne Cnty. Bd. of Comm'rs, 892 N.E.2d 233, 237 (Ind.Ct. App.2008); Bulldog Battery Corp. v. Pica Invs., Inc., 736 N.E.2d 333, 339 (Ind.Ct. App.2000); Pickett v. Brown, 569 N.E.2d 706, 707 (Ind.Ct.App.1991), trans. denied. That said, our common-enemy rule does not allow a landowner to "collect or concentrate surface water and cast it, in a body, upon his [or her] neighbor." Argyelan, 435 N.E.2d at 976 (citations omitted)." Crowel v. Marshall County Drainage Bd., 971 NE 2d 638 - Ind: Supreme Court 2012. However, simply saying it does not make it so. Someone in your situation may wish to threaten a lawsuit under TRESPASS, NUISANCE, and NEGLIGENCE against the entity that is diverting said water, unless they (a) stop doing so, or, (b) pay for the relief and reconstruction of any damage, and/or, (c) agree to lessen the amount to something more reasonable. If they still do not do anything, then a lawsuit may be needed (but the good news is that the winner may get attorney/legal fees with their judgment). I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.
Expert:  Ely replied 5 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!

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