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lwpat, Attorney
Category: Legal
Satisfied Customers: 25387
Experience:  Actively practicing trial attorney
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The blocking of natural waterways and how it effects neighboring

Resolved Question:

The blocking of natural waterways and how it effects neighboring properties
Submitted: 5 years ago.
Category: Legal
Expert:  lwpat replied 5 years ago.
Thank you for posting your question to JA/Pearl. Legal questions often take time for research or I may be offline so please be patient, I will reply.

What is your state and what is your specific situation and what are you trying to accomplish?
Customer: replied 5 years ago.
I am Supervisor for my township, Emmett Township, Emmett, Michigan 48022 I have a citizen who is complaining about his neighbor blocking a natural waterway and causing flooding on his property. What is the Michigan law regarding blocking natural waterways and causing flooding on neighbors property? I do need an answer quickly as I have the meeting in 35 minutes.
Expert:  lwpat replied 5 years ago.
I don't see that the township would be involved or have any liability or responsibility in this situation. Under the common law of property and also of negligence, if someone has blocked a waterway and that is causing damage to someone else, the party being damaged has a civil claim. They can file in court for their damages and for an injunction ordering the removal.
You cannot divert the natural flow of water so as to cause damage to the property of others. I doubt that there is any specific statute since they usually only cover wetlands or navigable streams. I don't understand why the town is involved.
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