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Yahoo
5 hours ago
- Climate
- Yahoo
If a neighbor's water runoff damages your property, are they liable in NY?
Your neighbor decides to blacktop a driveway once covered with grass that acted as a sponge, sopping up rainwater. But after a deluge, water comes rushing into your basement. Can you sue your neighbor? Sure. But you may not win. What are NY's laws on water runoff? New York State law on the topic has evolved through the years. In the old days, under English common law, water was once viewed as a common enemy. And as with any enemy, homeowners had the right to defend themselves by, for instance, digging ditches to redirect the natural flow of water away from their property even if water might flow onto someone else's property. Stay safe Tips for motorists to stay safe during flooding. Watch the video. But development creates more conflicts and courts were increasingly being asked to act as a referee. Here's how Darrell W. Harp, the former chief counsel to the state Department of Transportation, described it in a 2015 report for the Cornell Local Roads Program, New York State Local Technical Assistance Program Center: 'The 'common-enemy rule' was generally modified so that a lower landowner was not normally entitled to cast back surface waters by damming a natural watercourse, and an upland owner was not entitled to artificially collect surface waters and discharge them in a mass upon the land below to its damage (e.g., by piping or draining into ditches so that surface waters released on lower land caused erosion or flooding).' Simply put, the law changed through the years to consider the damage that altering the natural flow of water could have on a neighbor's property. A 'reasonable' standard on where you're sending water 'The courts pretty much said let's be reasonable about this,' said David Orr, who heads the Cornell Local Roads Program and fields these sorts of questions from highway departments and homeowners. That led to the "reasonable use" standard. Basically, you should not knowingly make decisions on your property that'll cause water to flow onto your neighbor's property. Here's Orr's take on what's reasonable and what's not: 'If I've got a piece of property and I want to put a road to go up to the back half of it, do I have a right to do that. Well, yeah, you do. Do I have a right to cross a stream? Yeah, but I might need to put a culvert in. In fact, there may be a requirement from an environmental standpoint… If I create a gulley that washes into somebody's property, no. If I back water up onto somebody else's property or keep the water down? No, that's not good either. That's the reasonableness factor.' DIY: Check out deals from Home Depot for home improvement, repairs, and everything else by clicking here Groundbreaking decision in water runoff dispute The leading New York case on the topic — Kossoff v. Rathgeb-Walsh — came out of the village of Pelham in Westchester County in 1958. In that case a landowner put a gas station on his property, causing water to seep into a neighbor's basement. The lot was raised and blacktopped, which sped the flow of water onto a neighbor's property, damaging property in the basement, according to the decision. The gas station owner did not install pipes, drains or ditches and acted in good faith to improve his property. The lawsuit was tossed. As Harp writes: 'The thing to remember is that reasonable blacktopping, paving, grading, improvements, or construction done in good faith that disturbs the natural flow of surface water drainage to the damage of a lower owner is not actionable unless the drainage is artificially caused to be collected in a mass, as in a pipe, ditch or drain.' Of course, facts matter. Some cases are closer calls than others. Best to consult an attorney. Thomas C. Zambito covers energy, transportation and economic growth for the USA Today Network's New York State team. He's won dozens of state and national writing awards from the Associated Press, Investigative Reporters and Editors, the Deadline Club and others during a decades-long career that's included stops at the New York Daily News, The Star-Ledger of Newark and The Record of Hackensack. He can be reached at tzambito@ This article originally appeared on Rockland/Westchester Journal News: 'Common-enemy rule': Can homeowners sue neighbors for water runoff damage? Solve the daily Crossword
Chicago Tribune
8 hours ago
- Chicago Tribune
Chris Spear: America's truckers need a place to park — before it's too late
Every day, more than 3.5 million professional truck drivers keep America's economy on the move. They haul more than 73% of the nation's freight, ensuring that food reaches our shelves, medicine arrives at hospitals and manufacturers stay in business. But there's one thing many drivers can't count on at the end of a long shift: a safe place to park. For every 11 truck drivers on the road today, there is one truck parking space. When truck drivers are unable to find safe, authorized parking, they're stuck in a no-win situation — forced to either park in unsafe or illegal locations, or to violate federal hours-of-service rules that regulate their daily drive time to search for safer, legal alternatives. Many spend upward of an hour each day searching for parking — time that's unpaid and amounts to an average of $6,800 in lost compensation each year. In the worst cases, they're forced to park on highway shoulders, exit ramps or vacant lots, putting themselves and other motorists at serious risk. Delays in deliveries increase costs for businesses and consumers alike. Worst of all, the parking shortage contributes to thousands of accidents and dozens of fatalities each year. One of those avoidable tragedies occurred in 2023, when a Greyhound bus struck three semitrailers parked on the shoulder of an Interstate 70 rest area ramp in Illinois, killing three passengers on board the bus. In the agency's report on the accident released just a few weeks ago, National Transportation Safety Board Chairman Jennifer Homendy put the cause bluntly: 'Our investigation brought to light a critical shortage of safe truck parking and made clear a painful lesson: Until we address this important safety issue, lives are at risk on our nation's roads.' For policymakers and business leaders alike, the message is clear: If we want our supply chains to remain resilient and our roads to remain safe, we must invest in truck parking infrastructure. More designated rest areas. More capacity at existing facilities. Smarter deployment of real-time parking information systems. Last month, President Donald Trump's administration took a major step toward addressing this crisis, issuing project agreements to move forward more than $275 million in grant funding to expand truck parking access nationwide. Among the projects funded is nearly $180 million targeted at the Interstate 4 corridor in Florida, which will add 917 much needed parking spots across Volusia, Seminole and Osceola counties. Department of Transportation Secretary Sean Duffy's leadership, backed by Trump's commitment to the trucking industry, is a clear signal that Washington is finally listening. By increasing funding specifically targeted toward truck parking, they are addressing one of the most pressing and solvable challenges our industry faces. Congress can protect American motorists by passing the Truck Parking Safety Improvement Act, a bipartisan bill sponsored by Illinois Rep. Mike Bost that would authorize $755 million in dedicated funding over four years to expand truck parking capacity. These funds could have prevented tragedies such as the 2009 murder of New York truck driver Jason Rivenburg, who was shot and killed for the $7 sitting on the dashboard of his truck while parked in an abandoned lot he used out of desperation for rest. The $200 million allocated to truck parking in the House transportation appropriations bill released last week is a welcome start to preventing similar tragedies. A dedicated federal funding stream, paired with state-level grant programs, would cut through the red tape that often sidelines critical parking projects. These resources must be allocated in a targeted, flexible way that allows states to build, expand and modernize truck parking across freight corridors and logistics hubs. It's not enough to authorize projects — we must fund them with real dollars that reflect the scale and urgency of the problem. Accounting for 87% of truck parking spaces, the private sector plays a vital role in providing parking, but it cannot solve this alone. Market forces don't always align with safety and infrastructure needs. Truck stops face high land and development costs, and zoning hurdles often block new projects. That's why a public-private solution is not only prudent. It's essential. Arkansas Republican Rep. Steve Womack has proved himself a staunch advocate who was instrumental in including $200 million toward expanding trucking parking in last year's House transportation appropriations subcommittee funding bill. We need more champions like Womack in Congress who will help prioritize and accelerate funding, treating truck parking as the safety and commerce issue it is, rather than an afterthought. Truckers don't ask for much. They don't expect luxury accommodations or special treatment. What they do expect — and deserve — is a safe place to stop after moving America's economy day and night. Let's make sure they have it. Chris Spear is president and CEO of the American Trucking Associations.
GMA Network
2 days ago
- Climate
- GMA Network
Gov't offers free rides amid bad weather
President Ferdinand Marcos Jr. on Monday ordered the Department of Transportation and other agencies to offer free public transportation starting at 12 noon due to the heavy downpour and flooding, especially in Metro Manila. Commuters don't need to buy tickets or load their Beep cards when taking the train systems—MRT-3, LRT-1, and LRT-2. The Philippine Coast Guard and the Philippine Ports Authority were also ordered to deploy free bus and truck rides in the following routes: Quiapo to Angono, Rizal Quiapo to Fairview, Quezon City Lawton to Alabang, Muntinlupa City Malacañang suspended classes and work in government offices in Metro Manila, Cavite, Rizal, Batangas, Laguna, Bulacan, Pampanga, Zambales, Bataan at 1 p.m. State weather bureau PAGASA said earlier in the day that the Southwest Monsoon or Habagat will continue to bring rains over the country. Metro Manila, Ilocos Region, Benguet, Tarlac, Pampanga, Bulacan, Cavite, Laguna, Batangas, Rizal, and Oriental Mindoro will have occasional rains. Floods or landslides are possible due to moderate to heavy rains. PAGASA also said that monsoon rains may persist in the coming days. —VAL, GMA Integrated News
Filipino Times
2 days ago
- Filipino Times
Tulfo Wants Airport Staff Fired Over Jewelry Theft at NAIA
Senator Raffy Tulfo called on airlines and security agencies to fire ground handling staff allegedly involved in the theft of ₱500,000 worth of jewelry at NAIA Terminal 3. The victim, Kimberly Nakamura, lost the items before a Singapore-bound flight on June 28 but later recovered them after CCTV footage helped trace the theft. Tulfo's office said the individuals were already identified and referred to the New Naia Infra Corp, the Civil Aeronautics Board, and the airlines involved. However, since Nakamura chose not to press charges after getting her jewelry back, the Department of Transportation cannot file a criminal case without her consent. Despite this, Tulfo urged the companies to still impose sanctions, including termination, to show that such behavior will not be tolerated.
Straits Times
3 days ago
- Business
- Straits Times
US threatens Mexican flights over cargo, competition issues
The DOT alleges Mexico has violated a bilateral air agreement by slashing slots for passenger flights and forcing all-cargo carriers to relocate operations. WASHINGTON/MEXICO CITY - The Trump administration said on July 19 that it will take action against Mexico after the Mexican government cut flight slots and forced cargo carriers to relocate operations in Mexico City, affecting US airlines. US Transportation Secretary Sean Duffy said in a statement the department could disapprove flight requests from Mexico if the government fails to address US concerns over decisions made in 2022 and 2023. The Department of Transportation (DOT) is also proposing to withdraw antitrust immunity from Delta Air Lines' joint venture with Aeromexico to address competitive issues. Mexico is the most popular international destination for US airline travellers. Delta said if the DOT withdraws approval, it 'would cause significant harm to consumers traveling between the US and Mexico, as well as US jobs, communities, and trans-border competition'. Aeromexico said it was preparing a joint response to the order, which it plans to issue in the coming days. Mexico City shake-up The DOT alleges Mexico has violated a bilateral air agreement by slashing slots for passenger flights and forcing all-cargo carriers to relocate operations. Then-President Andres Manuel Lopez Obrador defended the decisions, arguing that the capital's main airport was too crowded and that the new, farther-away Felipe Angeles International Airport (Aifa) could handle the extra traffic. Officials are rushing to renovate the ageing Benito Juarez International Airport (MEX) ahead of next year's football World Cup, for which Mexico is a host country. 'By restricting slots and mandating that all-cargo operations move out of MEX, Mexico has broken its promise, disrupted the market, and left American businesses holding the bag for millions in increased costs,' the DOT said. The Aifa is already at full capacity for cargo handling and needs to be expanded. For passenger flights, it lags far behind MEX as transportation to and from the city remains spotty. 'The move not only disrupted critical air cargo operations and set a dangerous precedent for how all-cargo carriers may be treated in global markets, it also created uncertainty about how potential safety emergencies could be handled,' said the Cargo Airline Association, which represents major UScargo carriers. Top stories Swipe. Select. Stay informed. Singapore Tampines regional centre set to get more homes, offices and public amenities Multimedia How to make the most out of small homes in Singapore Life US tech CEO Andy Byron resigns after viral Coldplay 'kiss cam' video Asia From toy to threat: 'Killer kites' bring chaos to Indonesian airspace Opinion I thought I was a 'chill' parent. Then came P1 registration Singapore 'God and government are the only things beyond our control,' says Group CEO Business Me and My Money: He overcomes a $100k setback to build a thriving online tuition business Asia At least 34 killed as tourist boat capsizes in Vietnam's Halong Bay Mexico's Transportation Ministry did not immediately respond to a request for comment. The measures The DOT issued orders requiring Mexican airlines to file schedules with the department for all their US operations by a late-July deadline while requiring prior US approval for large charter flights to or from the United States. Airlines set to be affected by the measures, including Volaris and Viva Aerobus, did not immediately respond to requests for comment. If the US rescinds antitrust approval for Delta and Aeromexico, they would be required to end their cooperation on pricing, capacity, and revenue sharing. Delta would be able to retain its equity stake in Aeromexico and continue other aspects of its partnership. The DOT also said it could take action against European countries over limitations at airports. REUTERS
