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Water Damage

Reference Number: MTAS-1306
Reviewed Date: 10/06/2023

Takings have been found where the construction or operation of a public improvement resulted in recurring flooding of private property [36] or increased the amount of storm water runoff that caused erosion. [37] A taking has also been found where water was regularly discharged from water treatment facilities across adjoining private property, [38] where a public improvement altered the flow of a stream and caused erosion, [39] and where the construction of a public improvement diverted a stream that previously flowed across private property. [40]

[36] Knox County v. Moncier, supra; Monday v. Knox County, supra; Burchfield v. State, supra; Jones v. Cocke County, supra; Jones v. Hamilton County, supra.

[37] Hollers v. Campbell County, supra.

[38] Pleasant View Utility District v. Vradenburg, supra; Murphy v. Raleigh Utility District of Shelby County, supra.

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

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