Local Municipality Demolished My Private Retaining Wall By Mistake And Is Claiming Government Immunity. Do I Have Any Recourse?
Location: Colorado.
Last week I came home from work to find a massive backhoe in my yard. The city water department was doing emergency pipe repairs. I understand they have a utility easement for the first few feet of my property near the street.
However, the crew dug way beyond the easement line. They completely demolished a stone retaining wall that was twenty feet away. When I confronted the foreman, he admitted they read the plat map wrong and thought the main pipe went straight through my garden.
Now the work is done, but my yard is a massive crater. I filed a claim with the city risk management office. Today I recieved a formal letter stating that because the initial issue was a "water emergency," they have sovereign immunity and are not liable for any colateral damage, even if they dug in the wrong spot.
Contractors quoted me a fortune to rebuild the wall and stabilize the hill. Should I file a civil lawsuit against the city or contact my homeowners insurance first?
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