Legal Question in Environmental Law in Texas

property flooding

what can we do about a creek that runs through our property in heath tx , the creek keeps overflowing and flooding our entire property 1.3 acres on the latest flood our garage was flooded causing water damage , we have had to request several times to the highway dept to clean out the bridge that is very close to the property to help with the flooding , we do not have flood ins. the area is not considered a flood plain and the runoff also from the new school is flowing through our property , do we need a lawyer to file a suit against the city?


Asked on 6/12/08, 12:42 pm

1 Answer from Attorneys
Walter D. James III Walter D. James III, PLLC

Re: property flooding

Section 11.086 of the Texas Water Code prohibits the diversion or impoundment of the natural flow of water. It also provides that if you are damaged by such a diversion or impoundment, you may recover damages.

As a result, you may have a case for the flooding of your property.

WDJiii

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Answered on 6/12/08, 1:46 pm


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