ditch restoration by the county

[vengence]

Minnesota


Hello,

My question is about whether or not the county is required to restore our ditch back to original condition after utility work was done. We have been requesting that the county restore our ditch back to the condition is was in prior to utility work that the county authorized. We have asked multiple times if the county is required to restore the ditch to the original condition. They have not answered the question, they did however supply a copy of the contract the utility had to sign. In the section titled "General sub section XIV" it states:

"Upon completion of an installation, the Utility shall restore the county highway right of way to its original condition. The Utility shall then notify the office of the County Highway Engineer of the completion of the work so that inspection can be made to determine its acceptability."

The county circled that statement and posted a note to it stating the following: "Our interpretation of this is that the slopes and grades of the ditch are the same or flatter, turf is seeded with approximately the same seed type, and we have a good establishment with no severe erosion."

This issue is that prior to the work done the ditch was smooth. The work was done by tracked vehicles so mowing it now is like driving on highway rumble strips.



This is the last reply I received from county, "I understand that the company worked on the restoration several times, and the highway department is satisfied with the results."


Thanks in advance!

 

[Zigner]

Minnesota


Hello,

My question is about whether or not the county is required to restore our ditch back to original condition after utility work was done. We have been requesting that the county restore our ditch back to the condition is was in prior to utility work that the county authorized. We have asked multiple times if the county is required to restore the ditch to the original condition. They have not answered the question, they did however supply a copy of the contract the utility had to sign. In the section titled "General sub section XIV" it states:

"Upon completion of an installation, the Utility shall restore the county highway right of way to its original condition. The Utility shall then notify the office of the County Highway Engineer of the completion of the work so that inspection can be made to determine its acceptability."

The county circled that statement and posted a note to it stating the following: "Our interpretation of this is that the slopes and grades of the ditch are the same or flatter, turf is seeded with approximately the same seed type, and we have a good establishment with no severe erosion."

This issue is that prior to the work done the ditch was smooth. The work was done by tracked vehicles so mowing it now is like driving on highway rumble strips.



This is the last reply I received from county, "I understand that the company worked on the restoration several times, and the highway department is satisfied with the results."


Thanks in advance!

I would imagine that, over time, nature will take its course and smooth the ground out.

 

[vengence]

I would imagine that, over time, nature will take its course and smooth the ground out.

Thanks for the reply. However I was looking for a legal opinion not a landscaping one.

 

[LdiJ]

Thanks for the reply. However I was looking for a legal opinion not a landscaping one.

However a landscaping one actually matters, as that is the sort of thing that the county would take into consideration before deciding to sign off on the work.

 

[vengence]

However a landscaping one actually matters, as that is the sort of thing that the county would take into consideration before deciding to sign off on the work.

Ok. let me add a little more I was a sewer contractor for over 20 years and have just a little knowledge on restoring the land after work and how much will or will not settle out. However the question still remains if the county contract with the utility company states "original condition" then do they or do they not have to meet that standard?

 

[quincy]

Ok. let me add a little more I was a sewer contractor for over 20 years and have just a little knowledge on restoring the land after work and how much will or will not settle out. However the question still remains if the county contract with the utility company states "original condition" then do they or do they not have to meet that standard?

The contract interpretation depends on the understanding between the county and the utility company when forming the contract. You received a response from the county that explained how the phrase "original condition" was interpreted.

Original condition is not the condition prior to the utility work, for example, so the use of "original condition" in the contract does not really mean "back to how it was."

Other than being bumpier than before, is there an issue with drainage that did not exist before? That could be an issue demanding attention.