[beniny]

I live on a road on a hill where we have a very high water table and water constantly runs off our property onto the road. During the winter months the water freezes onto the road and can cause some hazardous conditions. The road lacks a gully or some form of trench to keep this water and ice off the road. The highway dept came yesterday after salting and sanding the ice in front of our property and chopped up the ice and scooped up all the sand salt etc. and dumped it onto our lawn. They also did this last year and caused huge areas of dead grass which has not grown back. Essentially they are defacing our property. I called up the highway dept today and spoke to a secretary who answered me simply by repeating that they are allowed to clean up the road and utilize up to 10 feet onto our property by law. What should I do?

[ballengerb1]

They can not use 10 ft of your property for dumping. However, the first 10-20 ft from the edge of the road usually isn't your property, it is a right of way. You should explore further with the highway department. They may be agreeable to cutting and pitching some drainage trench. Otherwise they will be wasting time and salt every time it freezes.

[beniny]

So if it is the right of way then after they dump like they are then they should be cleaning up afterwards in early springtime right? I do agree it would certainly make more sense for them to put my tax money towards correcting the problem the right way instead of doing what they have been doing for years.

Very backward corrupt local govt in my area.

[ballengerb1]

When you are on the short end of the stick all governments seem corrupt. My road commissioner pushes about 1000 lbs of peep gravel into my frontage each winter. He refuses to remove or clean up the gravel because he says it's the county's property. Since I have to shovel up the gravel I spread it on my driveway.

[Fr_Chuck]

It all depends on the government right of way, the actual distance varies from road to road, county to county and state to state.

My road has about a 15 foot right of way along the major highway and about a 10 foot on the side street by my home.

That 10 foot or 15 ft is not my property, it may look like my yard, I mow it, but it is not my yard, it is the property of the state. They may come and dig up sewer pipes, and what needs to be done when they wish.

So first you have to be sure by survey they are actually on YOUR property, not merely their right of way.

If they are actually on your property, you may file suit for damages against them.