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Video Update: Eroding Bank Taking Yard Down The Drain

A back yard is supposed to be a safe place to play, but a Bellevue family worries about hazards from above and below. They claim the city should make it right.

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Reporter: Mike McKnight

Eroding Bank Taking Yard Down The Drain

A back yard is supposed to be a safe place to play, but a Bellevue family worries about hazards from above and below. They claim the city should make it right.

“I think we spent about five grand.” D.J. and Carri James worry if they fill the family pool this summer the trees behind their yard at 34th and Rahn will make a splash. “Tree right here that could fall and worrying it will crash on our kids,” says Carri.

The trees are along a drainage way with eroding banks, eating its way into the James yard. Government Web sites show the land across the drainage way belongs to the city of Bellevue. “This is their land and they are responsible and liable to repair this ditch, at least repair the property that's been taken from me,” says D.J.

The city authorized an engineer’s study giving the James hope taxpayers would pay to stabilize the drainage way and their back yard, but Bellevue’s attorney recently issued an opinion. “The city is not responsible for that because it has not altered the flow and my concern would be if we change and alter the flow to negate the problem here, we could create liability for downstream,” says Bellevue City Attorney Pat Sullivan.

The drainage way serves a neighborhood annexed by Bellevue. “I would say my shed, fence and all back patio rock is all in jeopardy,” says D.J.

An engineering study found that stabilizing the banks for one homeowner would be too costly. The Papio Natural Resources District tells Fact Finders it might assist in a project to improve the entire drainage way, but Bellevue hasn't applied for help.