What can I do if the drainage pipe under a county road is too small so the road floods in addition to my front and back yard?

UPDATED: Sep 30, 2022

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What can I do if the drainage pipe under a county road is too small so the road floods in addition to my front and back yard?

It leaves debris all over my yard. The county refuses to fix drainage issue even though I have informed them about it.

Asked on December 24, 2015 under Real Estate Law, Virginia


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You can sue the county for nuisance.  Nuisance is an unreasonable interference with your use and enjoyment of your property.
Your damages (monetary compensation) in your lawsuit for nuisance would be the permanent diminution in value of your land and cost of clean-up.
Damages are an inadequate remedy because of multiplicity of lawsuits since the flooding of your yard  occurs several times per year.  Damages are also an inadequate remedy because land is unique.
Therefore, since damages are inadequate, it would be preferable for you to seek an injunction requiring the county to install a larger drainage pipe to stop the flooding of your property.

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