Underwood v. Department of Highways

GARDEN, JUDGE:

Claimants are the owners of property located on State Route 12 at Ada in Mercer County, West Virginia, which they purchased in 1974.

Across State Route 12, on the north side, is situated a drainpipe whose ends became clogged with dirt during the summer of 1978. As a result, claimants’ property suffered damage from water which flowed across the highway during heavy rains. On September 10, 1978, hard rain washed into the drainage ditch on State Route 12, across the roadway, and onto the Underwood property. Claimants’ basement became flooded, cracking the basement wall and bowing…