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Dwayne B.
Dwayne B., Attorney
Category: Real Estate Law
Satisfied Customers: 32154
Experience:  Began practicing law in 1992
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The town I live in filled in a pond, now I get water

Customer Question

The town I live in filled in a pond, now I get water drainage to my property flooding my yard. What can I do?
Submitted: 2 months ago.
Category: Real Estate Law
Expert:  Dwayne B. replied 2 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. 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.

Whose land was the pond located on?

Do you know if ant studies were done prior to the pond being filled in?

Do you know why the pond was filled in?

Customer: replied 2 months ago.
1 - Mike Frost 2 - No studies that I know of 3- complaints from other nieghbors about mosquitos, pond was covered with algee, owner never lived there and never maintained the pond.
Expert:  Dwayne B. replied 2 months ago.

You have a couple of issues here. First, the government has a certain amount of immunity called "sovereign immunity" for acts that the commit or omissions they make. YOu have to hire someone pretty quickly and have them send a notice letter pursuant to the statute or you lose your right to pursue them at all.

MOst people are automatically liable if they redirect the flow of water causing someone's land to flood. This is a lawsuit that would be brought under a form of trespass known as "nuisance". However, as I said, your rights to sue the city government are limited and your lawyer will first want to send the notice letter then they will want to do an evaluation to see if the city ignored federal or state standards, and there are a lot of potential rules and regulations dealing with water drainage, as well as looking to see whether they considered and allowed for the possibility of flooding. It is possible that the city just filled it in and never considered the fact that it might flood your property and didn't have any studies done. This could be a violation of your civil rights and considered an unlawful "taking" of your property.

You can find a lawyer to assist you by going to and in the section for Area of Practice enter Civil Litigation, Civil Rights Law, or Consumer Law. Any of those will have the skill set you need.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered. In addition, once you issue your Positive Rating the question will lock open and no longer time out so you can come back to it anytime in the future if you think of any follow ups.