South Dakota Flowage Easement

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

This is a short form for a flowage easement.

South Dakota Flo wage Easement is a legally recognized agreement that allows a landowner to grant a right of inundation or flooding to a government agency or any other entity responsible for managing water flow. This easement is particularly relevant in areas where dams, reservoirs, or other water management structures exist or are planned. In South Dakota, there are several types of flow age easements that landowners can consider: 1. Land Acquisition Easements: This type of easement allows the government or a relevant agency to purchase specific land or rights from landowners for the purposes of constructing and maintaining dams, reservoirs, or other water management structures. The landowners may be compensated for the acquired land or rights. 2. Inundation Easements: Inundation easements grant the right to flood or inundate a property temporarily during periods of high water levels. This type of easement typically applies to land located downstream or adjacent to dams and reservoirs. The water flow is managed to ensure minimal impact on surrounding properties. 3. Flo wage Easements for Water Access: Some flow age easements may be granted to allow public access to reservoirs or bodies of water formed due to dam construction. This grants the public the right to access and navigate these water bodies for recreational activities such as boating, fishing, or swimming. 4. Environmental Conservation Easements: In certain cases, flow age easements may be utilized to preserve and protect specific areas of ecological importance. These easements aim to maintain the natural habitat and wildlife that may be affected by man-made water management structures. It is important to note that flow age easements are negotiated and established through mutual agreement between the landowner and the relevant governing agency. The terms of the easement, including compensation and usage rights, should be clarified and documented in a legally binding agreement. In conclusion, South Dakota Flo wage Easements are essential tools for managing water flow and ensuring the smooth operation of dams, reservoirs, and similar water management structures. Landowners can consider different types of easements depending on their specific circumstances and the intended purpose of the easement. Consulting legal professionals or local authorities is advised to ensure a thorough understanding of the process and to protect the rights and interests of all parties involved.

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FAQ

There are many lots in Wisconsin that do not have legal access to a public road, and ingly, are considered landlocked. Although such parcels may be sold, the valuation of the property may be tricky if there is no legal access.

An easement deed can be acknowledged in this state before a notary public; a judge, clerk, or deputy clerk of a court of record; a court commissioner; a register of deeds or deputy register of deeds; a municipal judge; or a county clerk or deputy county clerk (706.07).

Utility Easement ? It allows a utility company or local municipality to access your property for things such as power lines, water lines, utility boxes, etc. Private Easement ? Private easement rights are granted to an individual. A property owner might grant a neighbor access to a body of water through their property.

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 a permanent right authorizin-g a person or party to use the land or property of another for a particular purpose. In this case, a utility acquires certain rights to build and maintain a transmission line.

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.

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More info

City of Fargo, North Dakota; and the Cass County Joint Water Resource ... Property or enroll the Easement Property or any portion of the Easement Property in any ... Mar 31, 1996 — WHY SHOULD GOVERNMENT ACQUIRE A FLOWAGE EASEMENT? An owner of land is entitled to "just compensation" whenever the waters of a stream or lake ...easement land without prior written approval. • Fill, dump, drain, cultivate within, or otherwise interfere with the intended use of the easement area. Jun 2, 2014 — The Corps has acquired numerous flowage easements in this area. If a property falls under a flowage easement, the land owner must obtain consent ... 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 ... excavation and/or placement of fill and verification that the fill will not ... venued in State District Court in «Property_County», North Dakota, and the parties ... The U.S. Fish and Wildlife Service, Midwest Region Easements Manual provides policies, establishes procedures, and sets guidelines to administer easement ... Jul 25, 2016 — Environmental assessment: Dakota Access Pipeline Project, crossings of flowage easements and federal lands ; Local place, Missouri River Environmental assessment: Dakota Access Pipeline Project, crossings of flowage easements and federal lands ; Longitude, -102.327159 ; File format, pdf ; Resolution ... The Applicant shall be responsible for all costs incurred for all items of work, complete in place, and shall include the furnishing of all labor, equipment, ...

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South Dakota Flowage Easement