Virginiaman
Junior Member
What is the name of your state? Virginia
Hi all,
I will try to make this as short as possible...
In 2001-2002, we had water run off from a hill across from our house due to HEAVY
rain. We called the city and they came out and installed an asphalt birm (like a speed bump) to try and divert the run off. It didn't work so they installed a second "taller" birm
2-3 inches parallel to the 1st birm. This didn't work either.
The city workers said the road needed to be re-sloped to the other side of the road but the asphalt plant would not be operational for a few weeks. So, they installed a 3 foot tall silt tarp nailed to one of the birms and supported it with stakes along it's length. This combination of tarp and birms runs across the front of my house and I would have to step over it to enter the front of my house or exit to go to the mail box or truck. I do have access from the rear of my house as well but have always parked my company vehicle at the front to get the mail before going inside.
We called several times to see when the road would be fixed but never got a firm answer.
This tarp had been in place for about a year or so by this time. So me, my wife, and several neighbors all went to a city councel meeting to request the tarp be removed and a permanant solution completed. Several others had triped on the tarp since it had been installed but fortunately no one had been seriously injured. The tarp extended across the front entrances to 2 houses.
OK, skip on to March of 2003. I exited my truck as usual and proceeded to get my mail.
The 2 birms were placed so close together that I had to walk heel to toe along them.
I miss-steped and one of the birm's made me lose my ballance and over the tarp I went!
I broke both bones in my lower right leg and had to have a plate and screws installed.
I also bulged a disc in my lower back and my company put me on long term disabilty.
That's the story for the most part.
We just got back from our hearing (yes it took almost 4 years to get here) and the city attorney quoted this Virginia code....
§ 15.2-970. Construction of dams, levees, seawalls, etc.; certain proceedings prohibited.
A. Any locality may construct a dam, levee, seawall or other structure or device, or perform dredging operations hereinafter referred to as "works," the purpose of which is to prevent the tidal erosion, flooding or inundation of such locality, or part thereof. The design, construction, performance, maintenance and operation of any of such works is hereby declared to be a proper governmental function for a public purpose.
B. No person, association or political subdivision shall bring any action at law or suit in equity against any locality because of, or arising out of, the design, maintenance, performance, operation or existence of such works but nothing herein shall prevent any such action or suit based upon a written contract. This provision shall not be construed to authorize the taking of private property without just compensation therefor and provided further that the tidal erosion, flooding or inundation of any lands of any other person by the construction of a dam or levee to impound or control fresh water shall be a taking of such land within the meaning of the foregoing provision.
(Code 1950, § 15-20.6; 1960, c. 516; 1962, c. 623, § 15.1-31; 1966, c. 270; 1968, c. 793; 1980, c. 460; 1997, c. 587.)
If you have read this far I appreciate it
My attorney is trying to find a way around this but I have my doubts.
Does anyone have any idea's other than..."you can't sue city hall"
Thanks,
All help appreciated,
Rod
Hi all,
I will try to make this as short as possible...
In 2001-2002, we had water run off from a hill across from our house due to HEAVY
rain. We called the city and they came out and installed an asphalt birm (like a speed bump) to try and divert the run off. It didn't work so they installed a second "taller" birm
2-3 inches parallel to the 1st birm. This didn't work either.
The city workers said the road needed to be re-sloped to the other side of the road but the asphalt plant would not be operational for a few weeks. So, they installed a 3 foot tall silt tarp nailed to one of the birms and supported it with stakes along it's length. This combination of tarp and birms runs across the front of my house and I would have to step over it to enter the front of my house or exit to go to the mail box or truck. I do have access from the rear of my house as well but have always parked my company vehicle at the front to get the mail before going inside.
We called several times to see when the road would be fixed but never got a firm answer.
This tarp had been in place for about a year or so by this time. So me, my wife, and several neighbors all went to a city councel meeting to request the tarp be removed and a permanant solution completed. Several others had triped on the tarp since it had been installed but fortunately no one had been seriously injured. The tarp extended across the front entrances to 2 houses.
OK, skip on to March of 2003. I exited my truck as usual and proceeded to get my mail.
The 2 birms were placed so close together that I had to walk heel to toe along them.
I miss-steped and one of the birm's made me lose my ballance and over the tarp I went!
I broke both bones in my lower right leg and had to have a plate and screws installed.
I also bulged a disc in my lower back and my company put me on long term disabilty.
That's the story for the most part.
We just got back from our hearing (yes it took almost 4 years to get here) and the city attorney quoted this Virginia code....
§ 15.2-970. Construction of dams, levees, seawalls, etc.; certain proceedings prohibited.
A. Any locality may construct a dam, levee, seawall or other structure or device, or perform dredging operations hereinafter referred to as "works," the purpose of which is to prevent the tidal erosion, flooding or inundation of such locality, or part thereof. The design, construction, performance, maintenance and operation of any of such works is hereby declared to be a proper governmental function for a public purpose.
B. No person, association or political subdivision shall bring any action at law or suit in equity against any locality because of, or arising out of, the design, maintenance, performance, operation or existence of such works but nothing herein shall prevent any such action or suit based upon a written contract. This provision shall not be construed to authorize the taking of private property without just compensation therefor and provided further that the tidal erosion, flooding or inundation of any lands of any other person by the construction of a dam or levee to impound or control fresh water shall be a taking of such land within the meaning of the foregoing provision.
(Code 1950, § 15-20.6; 1960, c. 516; 1962, c. 623, § 15.1-31; 1966, c. 270; 1968, c. 793; 1980, c. 460; 1997, c. 587.)
If you have read this far I appreciate it
My attorney is trying to find a way around this but I have my doubts.
Does anyone have any idea's other than..."you can't sue city hall"
Thanks,
All help appreciated,
Rod