Landslide issue...help

[brohar]

I have a short gravel road to my property in KY and the side of the road is sliding down a large wooded hill. I estimate 80% of the landslide is on the neighbor's and my property, and the other 20% is on property that the city owns or has an easement on.

The history of the landslide goes back 20 years before i purchased the land in 2006. Appearently the road was built in 1975 when my house was built and the builders used left over construction materials, dirt and gravel to make the road. The city apperently knew about this but did nothing. The city has never claimed responsibility for this part of the road, but they have performed some maintanece like lining it with rail road ties after someone backed over the hill where the landslide is.

The city is currently offering a temporary fix (about 5-10k$ project using city workers), but wants me to sign a document that basically states that if i sign it, i can never take any action against the city for this in the future.

Do I have any leg to stand on here, or should i just be glad the city is offering a temp fix and take it? I believe several years ago for a "proper" fix the estimate was $75k.


Thanks

 

[NC Aggie]

I have a short gravel road to my property in KY and the side of the road is sliding down a large wooded hill. I estimate 80% of the landslide is on the neighbor's and my property, and the other 20% is on property that the city owns or has an easement on.

The history of the landslide goes back 20 years before i purchased the land in 2006. Appearently the road was built in 1975 when my house was built and the builders used left over construction materials, dirt and gravel to make the road. The city apperently knew about this but did nothing. The city has never claimed responsibility for this part of the road, but they have performed some maintanece like lining it with rail road ties after someone backed over the hill where the landslide is.

The city is currently offering a temporary fix (about 5-10k$ project using city workers), but wants me to sign a document that basically states that if i sign it, i can never take any action against the city for this in the future.

Do I have any leg to stand on here, or should i just be glad the city is offering a temp fix and take it? I believe several years ago for a "proper" fix the estimate was $75k.


Thanks

I personally don't think the City is responsible to fix a problem that originates on private property (using tax dollars). I believe their offer to provide a temporary fix is a good gesture. The fact that the City knew about the poor construction of the roadway is irrelevant as far as responsibility. The responsibility to maintain private driveways and roadways is the property owner(s).