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  1. #1
    Join Date
    Jan 2011
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    Default Stormwater Drainage Directly Onto My Property

    My question involves an easement in the state of:Kansas

    Many years ago the city decided to put a berm on the 50' channel easement on the backside of my property to "straighten" out the flow of its drainage system. However they never re-directed the water flow from the stormwater drain off of the street. So the water now flows directly onto my property and has created what the city now fondly calls a "retention pond". Over the course of many years this "pond" has caused rapid and severe erosion to my property. After many failed attempts I was able to finally get a city operations manager form the water pollution control division to come out and take a look. In response to my complaint the city decided to put a pipe from the "pond" to their drainage system. Unfortunately this has not solved the problem due to elvelation issues. My question is simple, what right does the city have to use my property as a their stormwater "retention pond" when it is not within the utility or channel easement? Do I have the right to have no stormwater on my property?

  2. #2

    Default Re: Stormwater Drainage Directly Onto My Property

    Quote Quoting ozcountry
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    My question is simple, what right does the city have to use my property as a their stormwater "retention pond" when it is not within the utility or channel easement? Do I have the right to have no stormwater on my property?
    In theory I would say that they have no right to use your property without just compensation. Obtaining an easement for use is not much different than condemning an entire property, they are required to follow certain steps and to fairly compensate you. One thing that comes to mind is that they may already have an easement by prescription. That would depend on how long this has been going on and the statutory time period and required conditions according to Kansas law. Then again, being right and successfully pressing the matter are two different things.

    Stephen Calder, PLS

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