Can a public agency be liable for flooding that causes nuisance?

The correct answer is that a public agency can be liable for flooding that causes a nuisance if their negligence contributes to the flooding. This principle is rooted in the idea that public agencies have a duty to manage public infrastructure and natural resources responsibly. If a public agency fails to maintain drainage systems, improperly designs infrastructure, or otherwise acts in a negligent manner that leads to flooding, they can be held liable for the resulting nuisance.

Nuisance law recognizes that individuals have the right to enjoy their property without unreasonable interference. In cases where public agencies are negligent in their duties, they may be responsible for the subsequent harm that occurs, such as property damage or usability issues caused by flooding. The key factor here is the presence of negligence on the part of the agency; if the flooding can be traced back to their failure to act appropriately, then liability can ensue.

This concept ensures that public agencies remain accountable for their actions, particularly when those actions can lead to significant harm to residents and property. The other choices do not accurately capture the nuances of liability in this context.