subdivision located in the county - all roads and easements dedicated to public use forever.
homeowners requesting maintenance on drainage ditch located on drainage easement, but the one's requesting the maintenance are not the homeowners whose property abuts the actual easement. the ditch runs between four lots and is not part of the roadway.
i'm looking at 254 Transportation Code, and it appears the county has the authority to maintain a drainage ditch, but would possibly be liable to an abutting property owner for damage done to their property because of the maintenance. even though it has the authority, does it have an obligation?
am i correct on the law governing? or am i way off? i just feel like i'm missing something. maybe a whole 'nother body of law?!This message has been edited. Last edited by: Dee Belknap,
March 18, 2015, 11:27
will higgins
How is this drainage easement depicted on the plat? Dedicated to the public in general, or is there a notation as to who is responsible for maintaining it? Sometimes (like plats for subdivisions in the ETJ of a city) there's a notation that the homeowners are responsible for maintaining the drainage easements. You may already have determined it's the County's responsibility. I can offer more thoughts if you have.
June 11, 2015, 09:06
Dee Belknap
Thanks for the response, Will. This has been on the back burner due to all the CPS removals we've had, but I'm back at the issue now with a little more knowledge. It is dedicated to "public use." So now I'm wondering what exactly does that mean to the County? I think I have decided there is a definitely a civil lawsuit to be had by the property owner whose house has suffered water damage from the backed up water due to the drainage ditch passage being blocked up by another home owner (the one who has been filling his pond). But does the County owe any responsibility to clear out this ditch?
June 11, 2015, 10:32
Dee Belknap
Just found this... L093-098 - 232.002 Local Govt Code doesn't obligate a County to maintain roads or other public features even when those features are dedicated to the public.
So, I'm guessing that if the county chooses to do this, they better have permission from the property owners who abut the drainage easement so we don't get sued for property damage.