Q Is the county authorized to remove cement placed into a drainage pipe by a landowner to divert water from his property and back onto the public roadway? Does the county have any other authority to prevent the landowner from further frustrating the drainage measures taken by the county?
A The county is authorized by Sections 19-5-92.1 and 65-7-7 to clear drainage ditches, and to assess the costs to the landowner that cause the blockage. Further, the county is authorized under Section 65-7-63 to pay damages to the landowner for any damage caused by the water draining from the public road to the landowner’s property. (Attorney General’s Opinion to Slover, dated March 20, 2012)