ERNST & PARTNERS Lawyer Comments on Legal Options After Flooding Caused by a New Road Construction
Managing Partner and Founder of ERNST & PARTNERS Law Firm – Yernus Aslan Yerikuly
Ernst & PARTNERS Law Firm Director — Ernus Aslan Erikuly — acted as an expert in a special issue of the “People’s Control” program on the “Habar” TV channel, devoted to the problem faced by residents of the village of Koyandy. Local residents appealed to the editorial office with complaints about damage to their homes caused by floodwater. According to them, after the construction of a new road, the flow of meltwater began to run toward their properties.
Previously, such problems had not occurred. However, after the road embankment was built and the terrain was altered, the increased flow of water affected private plots. As a result, foundations were damaged, cracks appeared in walls, and some buildings began to deteriorate.
Legal Assessment of the Situation
In the broadcast, Yernus Aslan explained the legal aspects and advised the affected residents. He emphasized that if a road construction project changes the system of runoff for meltwater or rainwater and this leads to flooding of private land, there is a causal connection between the actions of the contractor and the damage suffered. In such cases, residents have the right to demand compensation for losses and restoration of the previous condition of their property.
“If, as a result of road construction, the system for diverting meltwater or rainwater has been altered and this has led to flooding of private land, there is a clear causal link between the actions of the contractor and the resulting damage. In such cases, residents are entitled to claim compensation for losses, as well as restoration of the property to its previous condition,” explained Yernus Aslan.
He also recommended that residents arrange an independent technical assessment to document the extent and nature of the damage. These findings may be used as evidence when filing a claim with the court.
Next Steps for ResidentsAccording to the lawyer, affected individuals should take the following steps:
- Officially record the fact of flooding — with the participation of representatives from local authorities, emergency services, or other authorized bodies.
- Establish causation — with a conclusion from a qualified technical expert.
- Assess the extent of the damage — by engaging a licensed appraisal company.
- Determine responsibility — through public service centers for information on the contractor and relevant government bodies.
- Send a claim — to the contractor or authorized agency.
- File a lawsuit — if an out-of-court settlement is unsuccessful.
- A full episode of the “People’s Control” program is available on YouTube. If you are facing a similar situation, the team at ERNST & PARTNERS is ready to provide professional legal support — from consultation to full court representation
The full episode of the
Narodny Kontrol (“People’s Control”) program is available via the
link below.
If you encounter a similar situation, ERNST & PARTNERS is prepared to offer comprehensive legal support, from legal consultation to full court representation.