• 2005 - Drainage Along Highways(Construction or Reconstruction)
  • C-10.35
    • Highways And Roadways
    • Water
    • Tort Liability
    • Tort Liability
  • When a highway is constructed or reconstructed:

     

    1) the natural flow and drainage of surface waters must be permitted to follow the natural drainage pattern according to the natural terrain of the land;

     

    2) drainage must be provided for any water that might accumulate in ditches along roadways in order to prevent overflowing onto adjoining lands; and

     

    3) the best method of finding the natural outlet for the surface waters must be determined by the township board in accordance with good engineering practices.

     

    The Defendants are not liable for any damages caused to any property if the work has been constructed in accordance with the stream crossing standards prepared by the department of transportation and state engineer.

    • 24-03-06
    • Fandrich v. Wells County Bd. of County Comm’rs, 2000 ND 181, 618 NW2d 166
  • Notes: