A Twentynine Palms commercial property owner filed a claim for $2.5 million against the city, alleging the city caused water damage to his property. Minh Dang purchased the property at 5025 Adobe Road, a former miniature golf and go-cart attraction, for $70,000 in January of 2015. Dang is demanding the city pay him or fix damage caused by storm drainage from a pipe he claims the city installed, and remove the pipe. He is also demanding that the city not trespass onto his property. City Manager Frank Luckino said the flap with Dang started after city code enforcement cited him for having an abandoned vending machine on the property, and for weed abatement and abandoned vehicles. Luckino said Dang is also operating a business there without a business license or sign permit. The initial demand from Dang to the city occurred right after he was served with a 14-day notice of violation. Luckino told Z107.7 News that the storm drain in question was not installed by the city but was part of inherited county infrastructure. Luckino said that the general rule for federal water law is “It is illegal to change the pathway of the water; it can only be retained or slowed down.” Z107.7 News went to the property and found the storm drain in question collects water from the west side of Adobe Road and channels it under the road to the east at a natural low spot on Adobe Road that historically collects storm water to run east along the south property line. A neighboring business said Dang exacerbated the drainage problem himself by using a tractor to expand the existing runoff channel. Luckino said if Dang had done his due diligence when he purchased the property, he would have known it was a natural drainage area. Luckino said the city’s insurance pool will investigate the claim, and code enforcement can get a warrant to enter any property to ensure public safety.
$2.5 MILLION CLAIM FILED AGAINST THE CITY OF TWENTYNINE PALMS FOR WATER DAMAGE
