If water from a storm drain system enters private property, the owners are
entitled to compensation. The Supreme Court has said that depositing water from
a storm drain system onto private property constitutes a taking of the property.
In essence, the city is using private property as a retention pond, and should
therefore compensate the owners.
Something to consider: Require an independent geological hazard evaluation of
all new sub divisions that is required to be disclosed to potential buyers. And
permit an agreement to purchase a house to be nullified if the owner/potential
owner has a hazard evaluation done at his own expense and decides not to
purchase based upon the hazard information.Zoning laws and
construction laws, actually they are ordinances with the force of law, are a
political creation and subject to influence by the public which includes
contractors, developers, real estate brokers, you get the idea. There are two maxims that come to mind: No good deed goes unpunished -
granting a "break" for a developer can come back to bit you or someone
else; and There is a law of unintended consequences - changes in ordinances can
have unseen results.
This is the desert and these storms of late are "typical" for the
climate of thousands of years that are nothing new. Deseret are prone to flash
flooding. Developers and city planners and zoning laws are in place but when you
grease the hands of politicians with greenbacks all the zoning laws and climatic
weather probabilities are rezoned out of existence. There is no
excuse by city planners and developers who have violated the zoning laws to
build homes and endanger families and lives to make a buck for the city. The
city's should be held accountable and pay up on their lies and
misinformation and corruptions. All the areas having flooding, mud slides, and
sink holes have been zoned "no build" zones and flash flood zones since
the 1930's and Utah and its cities and church leaders business owners keep
putting families and people in harms way for greed.Sandy city, West
Jordan, and many other communities has been guilty of fraud and pathetic excuse
that the home owner should have done some geological survey investigation before
they bought known high risk hazards zones the government already new existed
before they approved the development.