road department property damage

[ddb1964]

Alabama

So I bought some property in Chilton county a few months back and have been steadily improving the land since then. The problem started the week before last. The county road department decided to do some road work in the area (it's a dirt road). They had widened the road (for the second time, and without notification), more so on one side than the other, they had also cut three ditches into my property, two of which stretch 30-40 feet past the roads edge, and another that stretched about 50 feet. my neighbor thought we had started some kind of driveway as its 35' wide. There was also some kind of heavy machine that went in and tore through the trees in two of these areas. First I called the sheriffs department trying to make a trespassing report. In the end they made an incident report and refused to amend it (both the responding officer and the captain) so I can't press criminal charges. I called the engineer out and he admitted they had made the ditches but claimed the trees were due to power line servicing (I'm in the process of verifying that now). This is not under a power line and the trees were only about 15 feet tall, so obviously I have my doubts. Even more of an issue is that where they cleared the trees and where they cut a ditch from the road through my property, there will likely (almost certainly) be a larger ditch created running the width of my property due to runoff from the road, but primarily from the ditch they cut and the tree removal. I have documented everything that has been happening.

I've tried consulting with a few attorneys, and they say I do have a legitimate case, but that there isn't enough money in the damages for them to become involved.
I want to start filing a claim, but given there are special rules for doing so against a governmental entity, I'm not sure where to begin. Any advice would be appreciated.

Thanks

 

[quincy]

Alabama

So I bought some property in Chilton county a few months back and have been steadily improving the land since then. The problem started the week before last. The county road department decided to do some road work in the area (it's a dirt road). They had widened the road (for the second time, and without notification), more so on one side than the other, they had also cut three ditches into my property, two of which stretch 30-40 feet past the roads edge, and another that stretched about 50 feet. my neighbor thought we had started some kind of driveway as its 35' wide. There was also some kind of heavy machine that went in and tore through the trees in two of these areas. First I called the sheriffs department trying to make a trespassing report. In the end they made an incident report and refused to amend it (both the responding officer and the captain) so I can't press criminal charges. I called the engineer out and he admitted they had made the ditches but claimed the trees were due to power line servicing (I'm in the process of verifying that now). This is not under a power line and the trees were only about 15 feet tall, so obviously I have my doubts. Even more of an issue is that where they cleared the trees and where they cut a ditch from the road through my property, there will likely (almost certainly) be a larger ditch created running the width of my property due to runoff from the road, but primarily from the ditch they cut and the tree removal. I have documented everything that has been happening.

I've tried consulting with a few attorneys, and they say I do have a legitimate case, but that there isn't enough money in the damages for them to become involved.
I want to start filing a claim, but given there are special rules for doing so against a governmental entity, I'm not sure where to begin. Any advice would be appreciated.

Thanks

For what purpose is the roadwork? Is the road going to be paved?

What exactly did the attorneys you consulted say was your "legitimate case?"

 

[ddb1964]

just widened, not paved. damages on private property. I was advised to make a "notice of claim". in the process of trying to find out how to do it.

 

[TheGeekess]

Alabama

So I bought some property in Chilton county a few months back and have been steadily improving the land since then. The problem started the week before last. The county road department decided to do some road work in the area (it's a dirt road). They had widened the road (for the second time, and without notification), more so on one side than the other, they had also cut three ditches into my property, two of which stretch 30-40 feet past the roads edge, and another that stretched about 50 feet. my neighbor thought we had started some kind of driveway as its 35' wide. There was also some kind of heavy machine that went in and tore through the trees in two of these areas. First I called the sheriffs department trying to make a trespassing report. In the end they made an incident report and refused to amend it (both the responding officer and the captain) so I can't press criminal charges. I called the engineer out and he admitted they had made the ditches but claimed the trees were due to power line servicing (I'm in the process of verifying that now). This is not under a power line and the trees were only about 15 feet tall, so obviously I have my doubts. Even more of an issue is that where they cleared the trees and where they cut a ditch from the road through my property, there will likely (almost certainly) be a larger ditch created running the width of my property due to runoff from the road, but primarily from the ditch they cut and the tree removal. I have documented everything that has been happening.

I've tried consulting with a few attorneys, and they say I do have a legitimate case, but that there isn't enough money in the damages for them to become involved.
I want to start filing a claim, but given there are special rules for doing so against a governmental entity, I'm not sure where to begin. Any advice would be appreciated.

Thanks

I bet those attorneys would like to be involved if you paid them to be involved.

 

[ddb1964]

I bet those attorneys would like to be involved if you paid them to be involved.

I'd be happy to hire one on contingency. Otherwise I can't afford it. What I do have though is time, and patience... I'm not bad at paperwork either, but I still need to know how to start the claim.

 

[quincy]

just widened, not paved. damages on private property. I was advised to make a "notice of claim". in the process of trying to find out how to do it.

Have you submitted a claim to your insurance company yet?

 

[TheGeekess]

I'd be happy to hire one on contingency. Otherwise I can't afford it. What I do have though is time, and patience... I'm not bad at paperwork either, but I still need to know how to start the claim.

What does your deed say about ROW?
http://alisondb.legislature.state.al.us/alison/codeofalabama/1975/138437.htm

 

[ddb1964]

This was a recent purchase so there is no property insurance. There also isn't a lot to insure. There isn't even a single structure. I haven't even hooked up electricity or water yet. You have to understand, this was WOODS before I started clearing it. As for the right of way, I don't think the deed specifies, but I'll dig it out to find out. That said, when I called the road department out there, the assistant engineer said it was 20' from the center of the road (I've heard the same about dirt roads from others). If we accept this as true, the counties right of way stops about three feet off the edge of the road, but no matter how you count it, unless their right of way is 50 feet from the edge, they still dug ditches on my property and they still cut down trees in an area I wanted to leave them 50-100 feet in. The assistant engineer also said there was no easement and I checked with the previous landowners and the county mapping department. I've got a meeting with the road department head engineer, so I'll check the deed before I meet him.