Gaines Township · Genesee County · Michigan

The road's stormwater is being dumped onto our land — and the new construction makes it worse.

A county culvert takes the water from the west side of Seymour Road and discharges it across four private properties — flooding yards, a pond, driveways, and threatening a basement — before it's pumped right back into the county's own ditch. We documented everything. Now a court is listening.

0gallons of stormwater flood private property annually (est.)
0of continuous flow every year
0property owners affected along the corridor
0dollars in damage on one property alone
0neighbor support — every household, Reid Rd to Hill Rd
The Story

A double “horseshoe” — water leaves the road on BOTH sides, floods the whole corridor, and rejoins at the north end

Seymour Road collects stormwater in its west ditch. A cross-road culvert then discharges that water — concentrated — onto private property on the east side. On the east it crosses Guy's land, then Mary's at 6463 (her basement sump outlet sits right in the discharge path), then the Ballantyne property at 6385 (front yard, pond, limestone driveway), then the Somers property — where it's pumped back into the road ditch. And because the west ditch was filled in and its culvert removed, water pours off the west side too — sheeting across the western parcels and running north until both flows rejoin at the north end. A double horseshoe. Every property along the road is in the path.

The 2026 reconstruction makes it worse: the cross culvert was set lower, the west ditch was never restored, and a west-side driveway culvert was removed — forcing even more water across the road onto our properties. The contractor proposed the fix in written change orders. The Road Commission denied them.

FEMA maps every parcel here Zone X — outside any floodplain. This isn't nature. It's plumbing.

Water flow diagram
The double horseshoe: water forced off BOTH sides of the road, flooding the corridor, rejoining at the north end.
See It Yourself

One storm. This is what our properties look like.

“Seymour Road Water Damage” — July 10, 2024 storm event · Vimeo

New footage

The cross-road culvert, south side — filmed on site · Vimeo

The Map

Where it happens

Annotated aerial map
Owner-annotated aerial: red lines trace the water leaving BOTH sides of the road and rejoining at the north end. Pins: cross-road culvert (red), removed culvert & unrestored west ditch (orange), at-risk sump outlet (purple).
The Evidence

Documented for years. Photographed. Dated.

See all the evidence →

The Law

Michigan law has prohibited exactly this since 1887

Water may flow naturally downhill — but a road authority may not collect stormwater and discharge it, concentrated and in greater volume and velocity, onto private land. You can't use your neighbors' yards as your drain.

It's the surface-water rule

An owner “may not… put a greater burden on the servient estate by increasing and concentrating the volume and velocity of the surface water.”

Wiggins v City of Burton (2011); Gregory v Bush (1887)

It's a trespass

Causing excess waters to flow onto another's property “is beyond dispute” a trespass — said of a county road commission.

Herro v Chippewa Co Rd Comm'rs, quoted in Wiggins

It's an uncompensated taking

When government deliberately directs water onto private property and damages it, the constitution requires just compensation.

Peterman v DNR (1994); Mich Const art 10 §2

It's not a floodplain

FEMA maps these parcels Zone X — minimal flood hazard, outside the 100- and 500-year floodplains. The flooding is man-made.

FEMA NFHL, FIRM panel 26049C0290D
The Solution

“Just dig a ditch.” It really is that simple.

Roads have carried their own water in roadside ditches for two hundred years. Restore the ditches, reinstall the removed culvert, and let the water travel along the road to a lawful outlet — exactly what the project's own contractor proposed in written change orders. Keep the road's water on the road, and every one of these problems disappears.

1 · Re-ditch the west side

Restore the west roadside ditch that was left filled in, so water can travel down the road the way it used to.

2 · Reinstall the culvert

Put back the driveway culvert at parcel 10-10-400-023 that was removed during construction.

3 · Ditch the east side

Give the east side a real ditch so the water follows the road — not our yards, ponds, and basements.

Cost to do it now, while the equipment is on site: minimal. Cost to tear up a finished road later: enormous. The Road Commission's own brochure says it best: “Do not fill any ditches! They are a necessary part of the road system.”

Get Involved

This affects everyone between Hill Road and Reid Road

📸 Document your flooding

Dated photos and videos of water on your property are evidence. Note the date, time, and rainfall.

✍️ Add your name

Sign the community support statement asking for a drainage review before the road is finished.

🏛️ Come to the hearing

Monday, July 27, 2026 — 7th Circuit Court, 900 S. Saginaw St., Flint. A full room shows this matters.

📣 Share this site

Neighbors, township officials, and local media — the more who understand it, the faster it gets fixed.

Contact: Jason Ballantyne · 6385 Seymour Road, Swartz Creek, MI 48473 · (248) 719-3842 · jason.morgan.ballantyne@gmail.com