Mississippi Flowage Easement

State:
Multi-State
Control #:
US-OG-1009
Format:
Word; 
Rich Text
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Description

This is a short form for a flowage easement.

Mississippi Flo wage Easement is a legal term used to describe a specific type of land-use agreement that generally applies to properties located along the Mississippi River and its tributaries. It grants certain rights and restrictions to landowners and governmental bodies in regard to flood control management, water flow regulation, and conservation efforts. This easement plays a crucial role in ensuring proper water management and protecting both public and private interests in the highly susceptible flood-prone areas. There are several types of Mississippi Flo wage Easements, each catering to different stakeholders and objectives. Some of the most common types include: 1. Flood Control Flo wage Easement: This type of easement allows governmental bodies or agencies responsible for flood control to temporarily or permanently flood specific lands during periods of excessive rainfall or flooding. It ensures that the water can safely flow through designated areas, minimizing the risk of damage to surrounding properties. 2. Conservation Flo wage Easement: This type of easement is aimed at protecting and preserving the natural habitats and ecosystems along the Mississippi River and its tributaries. It restricts certain land uses and activities that may harm the environment, such as land development, logging, and mining, to maintain the ecological balance and promote biodiversity. 3. Water Flow Regulation Flo wage Easement: This easement focuses on managing the flow of water along the river systems. It grants governmental bodies the authority to regulate water levels, dams, reservoirs, and related infrastructure to ensure a consistent and reliable water supply for various purposes, including irrigation, navigation, hydropower generation, and maintaining water quality. 4. Public Access Flo wage Easement: This type of easement ensures public access to designated areas along the Mississippi River for recreational purposes, such as fishing, boating, camping, and wildlife observation. It allows individuals to enjoy the natural beauty and benefits of the river while setting guidelines to protect the environment and ensure responsible use. 5. Riparian Flo wage Easement: This easement typically applies to private landowners who have properties adjacent to the river. It grants them certain rights and restrictions concerning the water flow and use of the riverbank, ensuring both property owner's interests and the public's right to access and use the water resource are balanced. Overall, Mississippi Flo wage Easements are an integral part of managing the complex relationship between human activities and natural resources. By implementing these legally binding agreements, stakeholders can work together to protect the environment, minimize flood risks, ensure proper water management, and facilitate public enjoyment of the Mississippi River and its tributaries.

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FAQ

If an entity is granted an easement under Mississippi real estate law, it has the non-possessory right to use another person's land for a specific purpose. This may involve a portion of land or a larger area of the property.

In addition, USACE buys, manages and disposes of land for the Army and Air Force ? military land holdings are currently about 24 million acres, which is roughly the size of Indiana.

In civilian projects, the Corps of Engineers became the lead federal navigation and flood control agency.

Flowage easements are located on private property, however property owners are restricted from building any structures on the flowage easement without prior written approval from the USACE. Property owners are allowed to remove/change any vegetation within a flowage easement.

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.

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More info

Sep 18, 2023 — Most of the flowage easement “Perpetual Deeds” we reviewed cover property at, and below, the 242' – 244' m.s.l. range. Our research has also ... All requests involving flowage easement lands must include the following: • A letter of request from the landowner including a complete return address and a ...Will the City of Wolverton be affected by the comprehensive project? Pursuant to the settlement agreement, the MFDA will provide funds to the Buffalo-Red ... In all 26 states east of the Mississippi River, an easement can be extinguished if the easement holder releases the easement, agreeing to give away the holder's ... Better Manage the Upper Mississippi River System, as specified in the Operating Plan of the ... the Government with fee title and flowage easement lands. The ... Dec 17, 2018 — The purpose of the easement is to enable the USACE to flood the property as necessary to maintain navigability on the Mississippi. River. The ... Feb 7, 2017 — The restrictive covenant and flowage easement reservation shall ... The Vicksburg District Real Estate Division shall complete a Disposal Report. Adam Leitman Bailey and Israel Katz analyze easement laws in the 26 states east of the Mississippi River discussing prominent cases that have shaped them. Private easements, once set in place, are considered to be beyond the duties and reach of the County government. Freeholder's Petition: For those citizens who ... The terms of the flowage easement are in the deed to the property, and the Corps sent yearly notices to the landowners reminding them of the easement rights.

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Mississippi Flowage Easement