• Land Use Attorney Capitola

Posts Tagged ‘property owner liability’

CASE UPDATE: Private Property Owner Liable To County, Under Reasonableness Test, For Failing To Maintain Storm Drainage Channel Through Its Property In City of Richmond.

In Contra Costa County v. Pinole Point Properties, LLC (2015) 2015 WL 1544978, the court affirmed the trial court’s decision that a downstream property owner was liable for damages caused by its failure to maintain a drainage channel that crossed its property.  The subject property was owned by Pinole Point Properties and located along San Pablo Bay in the City of Richmond.  The subject property was undeveloped except for two main railroad berms and a few large drainage pipes under the berms, and the property contained an 8-foot wide by 6-foot deep drainage channel that flowed to the Bay.  Pinole Point Properties caused the drainage channel to become obstructed and nonfunctional by failing to maintain it and keep it clear of silt, vegetation and debris since it purposed the property 30 years ago.  (The prior owner of the property did do such maintenance.)  As a result, a large upstream storm drain pipe installed by Contra Costa County did not function as designed and the County was required to spend large sums of money in emergency flood protection efforts to protect a nearby residential neighborhood during large storm events.

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Miles J. Dolinger
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