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Water Damage

Reference Number: MTAS-1306
Reviewed Date: 08/25/2025

Takings have been found where the construction or operation of a public improvement resulted in recurring flooding of private property [44] or increased the amount of storm water runoff that caused erosion. [45] A taking has also been found where water was regularly discharged from water treatment facilities across adjoining private property, [46] where a public improvement altered the flow of a stream and caused erosion, [47] and where the construction of a public improvement diverted a stream that previously flowed across private property. [48]


Notes:
[44] Knox Cnty. v. Moncier, supra; Monday v. Knox Cnty., supra; Burchfield v. State, supra; Jones v. Cocke Cnty., supra; Jones v. Hamilton Cnty., supra.

[45] Hollers v. Campbell Cnty., supra.

[46] Pleasant View Util. Dist. v. Vradenburg, supra; Murphy v. Raleigh Util. Dist. of Shelby Cnty., supra.

[47] Barron v. City of Memphis, supra.

[48] Evans v. Wheeler, supra; Piercy v. Johnson City, 130 Tenn. 231, 169 S.W. 765 (1914).