Oklahoma Easement for Flood Control

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Multi-State
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US-OG-993
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This form is an easement for flood control.

Oklahoma Easement for Flood Control is a legal term referring to an agreement made between landowners and government entities or organizations to allow the implementation of flood control measures on their property. These easements aim to mitigate and manage flooding risks in Oklahoma, which is prone to severe weather events and flash floods. Flood control easements provide the government or authorized agencies with the right to access and modify the property as necessary to construct and maintain flood control infrastructure. Such infrastructure may include dams, levees, channels, culverts, and other water management structures. The purpose of these structures is to divert, contain, or channelize excess water during heavy rainfall or flooding, thereby reducing the potential damage to surrounding areas. There are several types of Oklahoma Easements for Flood Control: 1. Permanent Easements: These easements grant indefinite rights to the government or authorized agencies to access and control the property for flood control purposes. Landowners are typically compensated for the permanent loss of their land's use or value. 2. Temporary Easements: Temporary easements are granted for a specific period, usually during the construction or maintenance of flood control projects. They allow the government or authorized agencies to access the property temporarily for specific activities such as excavation, construction, or equipment placement. Once the project is completed or the designated time period expires, the temporary easement is terminated. 3. Conservation Easements: These easements serve a dual purpose, combining flood control measures with environmental conservation efforts. Landowners voluntarily enter into conservation easements, which allow the government or authorized agencies to implement flood control projects while preserving the natural characteristics of the land, such as wetlands or forests. 4. Drainage Easements: Drainage easements focus on redirecting and managing stormwater runoff to prevent flooding. These easements typically involve the construction of drainage systems, ditches, or retention ponds on the property to effectively control water flow. The Oklahoma Easement for Flood Control plays a vital role in minimizing the impact of flood events, protecting lives, and preserving properties in the state. Landowners who agree to these easements contribute to a more comprehensive flood management system, thereby safeguarding their communities and ensuring the long-term resilience of Oklahoma's infrastructure.

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FAQ

Can You Build on an Easement? Yes, you can usually build on a property easement, even a utility easement. Yet if you value peace of mind over everything else, not building on that easement is the best way to go. The dominant estate owning the easement may need to access the easement.

In Oklahoma, an easement by necessity can only arise if the two affected tracts previously belonged to the same person and only if the necessity is present at the time of severance of title.

The owner of land owns the groundwater underlying such land and surface water standing on the land, however the Oklahoma Water Resources Board regulates non-domestic use.

Common Enemy Theory: A landowner can protect himself from surface water by any means, without liability for the harm that he may inflict on other landowners. This is based on the principle that surface water is a ?common enemy? and a property owner has an unlimited right to use his land as he pleases.

The Oklahoma Land Access Program (OLAP) enrolls private lands to allow public access for hunting, fishing, stream access and/or wildlife viewing. Accessing by foot, sportspersons can enter and use OLAP lands without obtaining special permission or paying a separate fee.

A) Utility easements shall be of a minimum width of twenty (20) feet, ten (10) feet on each side of all rear lot lines, or width as specified by the utility company, and when necessary on other lot lines, for poles, wires, conduits, sanitary sewers, gas, water, power, and other utility lines.

In Oklahoma, an easement by necessity can only arise if the two affected tracts previously belonged to the same person and only if the necessity is present at the time of severance of title.

A. Utilities: Easements with a right of way width of ten feet (10') shall be provided on each side of all rear lot lines and along certain side lot lines where necessary for utilities. When restricted to one side of such line, the easement shall be not less than twenty feet (20') in width.

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Oklahoma Easement for Flood Control