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<br />002326 <br /> <br />.49 <br /> <br />5:"'335 <br /> <br />JUDICIAL REACTION <br /> <br />~ <br />'ti{~ <br /> <br />Commonly the plat must show parks, roads, .sewers and other <br /> <br />faci1i.ties. .Because the plat becomes uniI;ltelligible. if too <br /> <br />many features must be shown on its face, detailed contour <br /> <br />intervals and soil types often are nQt include.d <br /> <br />The plat is recorded and lot sales begin following <br /> <br />final plat approval. If all subdivision improvements have <br /> <br />not been constructed at the time of final approval, the sub- <br /> <br />divider is usually required to post a performance bond to <br /> <br />guarantee that improvements will be installed as promised. <br /> <br />335. Municipal Responsibility for Flooding Problems <br /> <br />A munioipality is not legally bound to construot <br /> <br />reservoir:;;, <br /> <br />dik~5. or lev.e~.s <br /> <br />to p:tot'ect <br /> <br />......1.'.....,..,..:: l-..,1' 1 _.."\.-1..~7 .,..... <br />'---.-..-....- -.I. .....'---.-...... -- <br /> <br />to extend facilities such as sewer, water, or drainage works.48 <br /> <br />But once it has constructed flood control works or drainage <br /> <br />facilities, it is usually responsible for flood damages which <br /> <br /> <br />result from improper design or maintenance.49 Whether a muni- <br /> <br />cipality is'liable in <br />of the case <br />factsJ the common law <br /> <br />diotion50 and whether <br /> <br />a given instance will depend upon the <br /> <br />rules of flood liability in the juris- <br /> <br />the damage <br />activity subject to suit.51 <br /> <br />resulted from a municipal <br /> <br />Courts have sometimes held that a city is liable for <br /> <br />flood damages caused by drainage or flood control facilities <br /> <br /> <br />construoted by a subdivider but later assumed by the city. <br /> <br />For example, California and Georgia courts have held that <br /> <br />landowners whose properties were flooded by waters from <br />improper drainage systems could sue the cities which approved <br />the drainage plans and later accepted the systems.52 <br /> <br />