Ditches & Drains Along State Highways

Margiotti, Attorney General,

We have your request for an interpretation of the so-called Ditch and Drain Act of April 29, 1925, P. L. 360, as last amended by the Act of July 18, 1935, P. L. 1285, and its applicability to particular situations, in view of the decision of the Courts of Common Pleas of Berks, Bradford, and Lehigh Counties, construing this act. We shall consider the particular situations in the order enumerated by you.

1. Responsibility of the Department of Highways in damages for changes in drainage entirely within the right of way which affect property outside the right-of-way…