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TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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A public employee of the Pine Cove Water District removed a

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A public employee of the Pine Cove Water District removed a portion of a berm on a public county road so that water would not drain down it's natural drainage points.The removal caused the water to divert through unoccupied property owned by the district. The water subsequently flowed to a private road and destroyed a lot I own by removing dirt and cutting ruts on the lot to render it unusable.It also removed two(2) parking spaces.
I asked the local area ( Idyllwild,CA) County road supervisor in to fill in the berm several months ago. I was told that his boss wanted the berm cut.I later learned that this Road employee and the water district were friends so collusion occurred between both,and no work was ever done to correct the problem.
I later asked the manager of the water to correct the problems,as he or one of his employees caused the berm removal. I was told that he would never undo the problem.
As more summer thunder storms occurred this past week more water has further damaged more of my lot. I E-mailed County of Riverside Transportation and XXXXX XXXXX -Operations Superintendent inspected the damage with the local road employee that I talked to several months ago.That employee was fast and loose with the truth.
The up shot is that the berm is to be repaired sometime this week or next.
MY QUESTION IS "DO I ANY REDRESS TO REPAIR MY PROPERTY FROM EITHER THE RIVERSIDE COUNTY AS THEY CONTROL THE ROADS,OR THE PINE COVE WATER DISTRICT OR BOTH !!"

Hi,

You indeed do have legal redress. A regulatory action taken by the state, such as removing the berm, which results in property damage to you is a government taking for which you must receive compensation pursuant to the Constitution.

The action would be against the Pine Cove Water District. These type of legal actions are difficult and should only be attempted with an attorney. You will need to figure out the value of what you lost because of the water damage from the action.

Please let me know if you need more information or need to discuss this matter further.

If you are satisfied, please rate my answer positively so I might receive credit for my work.

Best Regards,

ZDN

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