North Dakota Easement for Flood Control
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FAQ
Can I build structures on a property with a drainage easement? It depends on whether your construction limits access to the easement area or messes with the drainage infrastructure. As long as it doesn't interfere with this, you have the freedom to build the structure you need.
Flowage easement land is non-federal land on which the United States Government has acquired certain perpetual rights, including the right to overflow, flood and submerge the land, the right to prohibit structures for human habitation, and the right to approve all other structures proposed for construction within the ...
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.
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.
Usually, the owner of the easement is responsible for maintenance.
Berger, 2006 ND 48: "Under North Dakota law, a use of land creates an easement by prescription if the use is adverse, continuous and uninterrupted, and for the 20 year period of prescription." This case discussed whether the use was adverse.
