Is the city responsible for private lawns they ruin while doing sidewalk maintenance?
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Is the city responsible for private lawns they ruin while doing sidewalk maintenance?
The public sidewalk in front of our house was replaced by the city. They tore up our lawn in the process (and smoked on my property when they knocked on the door). When they finished, they “seeded” the lawn with new grass. I use quotes around “seeded” because nothing grew but weeds. When the city cited me for weeds I complained that they put them there and they said they would reseed. I cut down the weeds, I never saw them come out, and new weeds have grown up with my lawn completely dead around the area. Do I have any small claims or legal recourse?
Asked on May 10, 2011 under Real Estate Law, Indiana
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You may technically have legal resource, for the city's (or it's contractors') negligence in damaging your lawn. The reason I say technically is that it is typically very difficult to sue a municipality, state, or government agency for damages; there are special requirements as to the type of notice necessary; shorter than usual time lines; and not all courts can hear the matter. In short, it is very possible that you (1) already have run out of time; and (2) if you have not run out of time to sue, that to do so, you will effectively need an attorney or lawyer to represent you and navigate the requirements, which could easily not be worthwhile, economically, for the size of the potential recovery. If you want to consider pursuing this, you should consult with an attorney--many will provide a free initial consultation to evaluate a case.
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