Missouri Flo wage Easement is a legal term used to describe a type of property easement specific to the state of Missouri. It refers to a specific land use agreement where a landowner grants a governmental or regulatory agency the right to flood or control water levels on their property in order to create or maintain a reservoir or flow age area. This type of easement is prevalent in areas where the establishment of flood control measures, hydroelectric power generation, or water management is necessary. The Missouri Flo wage Easement is typically an agreement between a landowner and a local or state government agency, such as the Missouri Department of Natural Resources (DNR), the Army Corps of Engineers, or a local municipal utility district. It outlines the terms and conditions under which the government agency can regulate water levels on the landowner's property, usually to ensure flood mitigation, reservoir creation, or water management for various purposes. There are several types of flow age easements that exist in Missouri, including: 1. Flood Control Easements: These easements are created to allow the government agency to control water levels in designated areas to prevent or mitigate flooding. The agency may construct levees, dams, or other flood control measures within the flow age area. 2. Hydroelectric Power Generation Easements: In some cases, flow age easements are created to enable the construction and operation of hydroelectric power plants. These easements give the agency the right to control water levels and maintain flow for power generation purposes. 3. Water Management Easements: These easements allow the government agency to regulate water levels in reservoirs or flow age areas for recreational purposes, wildlife management, or water supply management. 4. Environmental Conservation Easements: Some flow age easements may be established to preserve and protect the natural environment within the flow age area. These easements typically restrict certain activities that could harm the ecosystem. It is important for landowners considering a Missouri Flo wage Easement to thoroughly understand the terms of the agreement, including compensation, any restrictions on land use, and the duration of the easement. Additionally, it is advisable to consult with legal professionals specializing in property law to ensure their rights and interests are adequately protected throughout the easement process.
Missouri Flowage Easement
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FAQ
A right to convey water includes the right for the grantee, in common with the grantor and other persons to whom the grantor may grant similar rights, at all times, to take and convey water in free and unimpeded flow from the source of supply or point of entry through the easement facility and over the easement area ...
In the absence of an agreement to the contrary, the owner of the dominant estate has the general duty to repair easement damage.
A quick definition of flowage: The owner of the higher property has the right to let the water flow onto the lower property, and the owner of the lower property has to allow it. It's like a special rule that says water can move downhill.
An easement is an interest in land, but not an interest in the title to land. More specifically, the interest in land the easement grants is the right of one or more persons to use another's real estate for either a general or a particular purpose.
Your rights as a property owner include deciding who has access to and use of your property. You can refuse a utility easement request, especially if there are alternate properties that the company could use instead of yours.
The flowage easement boundary is defined as the area existing between government-owned property line(s) and a contour line depending upon the elevation. For example, the flowage easement on Lake Whitney, TX is generally located at the contour established at 741' above mean sea level.
One can terminate an easement by adverse possession just as one may create a prescriptive easement by adverse possession. The petitioning party mush demonstrate that its use of the easement in question has been continuous, uninterrupted, visible and adverse under a claim of right for ten years.
The easement provides USACE the right to flood the land and indemnifies the U.S. Government from liability for any damage resulting from the flooding of the land. The flowage easement is bound to the property and automatically transfers to any subsequent owners.
Easement by Necessity ? If a property owner is landlocked they cannot be denied access to their property. Prescriptive Easement ? This is an easement for the use of property for a specific amount of time.
An easement of necessity occurs where property is landlocked without means for ingress or egress to a public road. Missouri law provides two legal options to owners of real estate with no means of ingress or egress. Option (1) is the creation of an easement pursuant to Section 228.340 RSMo.
