Alabama's drainage easements refer to legally designated areas of land that allow for the proper flow and management of stormwater runoff, preventing flooding and protecting properties from water damage. These easements are created by servitude or rights held by the government or other entities for the specific purpose of accommodating drainage systems. Drainage easements in Alabama can be categorized into several types based on their specific purpose and characteristics. These include: 1. Surface Water Drainage Easements: These easements are designed to redirect the flow of surface water, such as rainwater or melted snow, away from built structures, roads, and other areas prone to water-related issues. Surface water drainage easements typically consist of open ditches, channels, or sales that allow water to flow naturally, minimizing the risk of flooding and erosion. 2. Stormwater Drainage Easements: These easements are established to manage larger amounts of water resulting from heavy rainfall or storm events. They often involve the construction of drainage systems, such as culverts, pipes, and detention ponds that collect and temporarily store excessive stormwater, releasing it gradually to nearby bodies of water or designed drainage networks. 3. Public Drainage Easements: These easements are typically owned and maintained by local government authorities, such as municipalities or counties. They aim to ensure proper drainage across public lands, including roads, parks, and other publicly accessible areas. Public drainage easements play a crucial role in preventing water accumulation and protecting public infrastructure from damage. 4. Private Drainage Easements: These easements are created on privately owned properties with the purpose of managing water flow across adjoining lands. Private drainage easements are usually established through legal agreements or covenants between property owners to allow for the installation, maintenance, and access to drainage systems that benefit both parties. 5. Conservation Drainage Easements: These easements are implemented for environmental reasons, primarily to protect wetlands, streams, or other ecologically important areas from being adversely affected by land development or agricultural practices. Conservation drainage easements often involve carefully planned systems that balance water management needs with the preservation of natural habitats and biodiversity. In conclusion, Alabama drainage easements encompass various types, each serving a specific purpose to ensure effective water flow management and prevent potential water-related problems. Proper implementation and maintenance of drainage easements are essential for protecting properties and the environment from flooding, erosion, and other negative impacts caused by excessive water accumulation.
Alabama Drainage Easement
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An easement is defined as ?a legal interest in real property that grants the right to use in some specified manner the property of another.? Easements, also called rights of way, give Alabama Power Company the right to use another landowner's property to construct, operate, and maintain transmission facilities such as ...
Farmers and ranchers should know their rights to use ?waters of the state.? In relation to surface water, Alabama follows the ?riparian? doctrine. Riparian means ?land that touches water.? This doctrine allows a landowner to use any quantity of water from the source if the use is reasonable.
The Common Enemy Rule provides, in general, that because surface water is a common enemy to each landowner, every person may take whatever action they deem necessary to protect his property from surface water, even if such action damages his neighbor. Mitchell, 376 So.
(a) All waters of this state are hereby declared to be public waters if such waters are natural bodies of water such as rivers, creeks, brooks, lakes, bayous, bays, channels, canals or lagoons or are dug, dredged or blasted canals and if these waters traverse, bound, flow upon or through or touch lands title to which ...
The owner of any land that has been assessed for the cost of the construction of any ditch, drain, watercourse or other improvement as provided in this article shall have the right to use the ditch, drain or watercourse as an outlet for lateral drains from said land; and, if said land is separated from the ditch, drain ...
A dam for any gristmill, sawmill, gin, factory or plant to generate electricity by water power to be operated for the public may be erected across any watercourse, not a navigable stream, by the owner in fee of the land on both sides of the stream, or on one side at the place where the dam is proposed to be erected, by ...