My question involves real estate located in the State of: Arkansas
Before the development next to my 4 acres was built there was an old pond a couple hundred yards NW of me with an attached creek that flowed through my property, and into a river downstream. During development the pond was filled, and the creek became a shallow ditch, where it has since dumped into my creek at my property line. That's all well and good because that's what it's always done.
However, I feel like I have a complaint (against the HOA?, City?, Developer?) concerning an 18'' ADS pipe that flows from 3 culverts, and discharges onto my property. It's cutting the land and eroding away topsoil. Thankfully I have lots of trees so it hasn't really been a huge issue for me until now. Now we're wanting to build a house in the back of the property and this discharge doesn't make it feasible. There's no velocity dissipation at the discharge point in the pipe, and during storms the water is coming out very fast.
I have contacted the State (ADEQ) as well as the city. The State says they are going to send an inspector out within 10 days and issue a decision on my complaint; valid, or invalid. The city has said they are really busy right now, but my contact says he will pull the original plats to see what he can surmise. I've studied the cities phase II MS4 plan, and the goals seem to be at odds with what I see happening on my land.
I have researched every topo map I can find going back to the 1930's and there is no historical evidence of a creek, or pond, anywhere other than I've plotted on the image below. Neither title nor survey indicate any easement.
Do I have a valid complaint? With who? Are far as remedies; what is the ideal plan A and plan B? I would appreciate any additional insights as to what my next steps should be.
Thanks for taking the time.
Before the development next to my 4 acres was built there was an old pond a couple hundred yards NW of me with an attached creek that flowed through my property, and into a river downstream. During development the pond was filled, and the creek became a shallow ditch, where it has since dumped into my creek at my property line. That's all well and good because that's what it's always done.
However, I feel like I have a complaint (against the HOA?, City?, Developer?) concerning an 18'' ADS pipe that flows from 3 culverts, and discharges onto my property. It's cutting the land and eroding away topsoil. Thankfully I have lots of trees so it hasn't really been a huge issue for me until now. Now we're wanting to build a house in the back of the property and this discharge doesn't make it feasible. There's no velocity dissipation at the discharge point in the pipe, and during storms the water is coming out very fast.
I have contacted the State (ADEQ) as well as the city. The State says they are going to send an inspector out within 10 days and issue a decision on my complaint; valid, or invalid. The city has said they are really busy right now, but my contact says he will pull the original plats to see what he can surmise. I've studied the cities phase II MS4 plan, and the goals seem to be at odds with what I see happening on my land.
I have researched every topo map I can find going back to the 1930's and there is no historical evidence of a creek, or pond, anywhere other than I've plotted on the image below. Neither title nor survey indicate any easement.
Do I have a valid complaint? With who? Are far as remedies; what is the ideal plan A and plan B? I would appreciate any additional insights as to what my next steps should be.
Thanks for taking the time.
Environmental Law: City Stormwater Discharge on Private Property
Aucun commentaire:
Enregistrer un commentaire