Water Law Focus Areas

Landslides

Mike has represented hundreds of parties whose properties have experienced landslides or slumps. Landslides are often multi-party events that involve municipalities, homeowners’ associations and neighbors. Mike focuses these cases on repairing the land as soon as possible in an appropriate and cost-effective manner. Mike understands both the plaintiffs’ point of view and the defendants’ point of view, having represented both over the years. Many cases require an understanding of insurance law in order to reach resolution. Mike selects an appropriate team of experts including geotechnical engineers, geologists, surveyors and appraisers to ensure success.

Wetlands

If surface or near surface waters are focused onto your property, an “emergent” wetlands problem may occur. Stopping illegal flows to your property is an essential first step to reclaiming your land. Mike has often obtained cooperation from neighbors without resorting to litigation. However, if a court order is necessary, Mike knows how to obtain those as well.

Flooding

Flooding can come from many sources, including surface water flows, groundwater, streets, pipes, rivers or lakes. The rules governing surface water flows and riparian or river-linked flows are different. The facts of each case need to be carefully considered and analyzed to evaluate what steps can be taken to address the cause or causes of flooding. Once you have experienced a flood, you should not have to relive the experience and the ongoing devaluation of your property. Mike has helped many people over the years solve their flooding problems.

Sewage Backup

Some municipalities in the Northwest have combined sewer and surface water systems. In large storm events the pipes in these systems can become full and “surcharge,” sending flows into the side sewers of private homes. Sewage flows in your home present a health problem and must be immediately addressed. A sewage flooding event usually has a greater negative impact on the value of your home than a similar surface water event. Mike focuses on solving the problem in order to prevent re-occurrences.

Danger Trees

Tree cases are often very controversial and cause heated disputes between neighbors. For example, issues may arise about trees that grow on a common property line and are owned jointly by the adjacent property owners. In addition, when trees threaten the property of his clients, Mike has successfully had them removed. Mike has also prevented the cutting down of healthy trees that were characterized as dangerous by neighbors seeking improve their views. In Washington, the wrongful cutting down of trees (timber trespass) can result in triple damages and reimbursement of attorney and expert fees.

Rockeries

The first order of business with a rockery is to determine its location with regard to the property lines. The next order of business is to determine its function. If a rockery is completely on your property but supports your neighbor’s natural yard, you cannot remove it. Rockeries often straddle or meander over adjacent properties. You will need your neighbor’s cooperation to address it. A failing rockery can also begin to encroach onto your property. There is often disagreement about the need to replace a rockery, the choice of a replacement, the cost of a replacement and the fair apportionment of that cost. Mike has resolved these types of disputes for numerous clients, homeowners’ associations and businesses.

Slumps, Set-downs and Cave-Ins

In the urban setting, slumps, set-downs or cave ins are rarely caused solely by natural forces. Sometimes a pipe under pressure has been leaking from a pin point hole. A sudden increase in groundwater flows can occur due to a broken downspout, a leaking hot tub or some other man-made source.

If a municipality is involved, it is important to insist that the cause of the condition be investigated. Prematurely filling the area in with a mixture of cement and water known as “slurry” or having fill brought in may cover up the problem, but not solve it.

Riparian Erosion

If you live on a river, you can expect some erosion of its banks in large storm events. However, a dramatic increase in the rate of erosion can indicate illegal changes on the river. Riparian owners may direct the natural surface flows from their property to the river. However, they cannot exceed the natural capacity of the river with these flows and they are not allowed to direct additional, non-natural flows to the river. An investigation into upstream changes may reveal that additional street flows have been directed to the river or a development’s retention detention system is not retaining flows properly.

Upstream riparian owners sometimes change their riverbanks by adding large boulders or small rocks called “rip rap” to them. This, in turn, can change the flow regime and direction of the stream itself. The new flows could be directed for the first time at areas of your bank that are susceptible to erosion. You do not want to simply move the erosion problem downstream like your neighbor did. Erosion is not good for fish habitat and it is likely state agencies would be interested in this type of case. These cases require balancing different interests at different times to address the erosion and prevent any future liability on the part of the client to other downstream owners.