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FAQ Topic: Gallinas levee easement acquisition

Is the easement negotiation process with each separate property owner entirely confidential? Or is any part of that process public information that is available to other Santa Venetia residents and property owners? Once there is a signed agreement with a property owner does it have to be approved by the District Board of Supervisors? Do the details of the agreement become public information at that time?

The negotiation process with each property owner is on an individual basis and is confidential beginning with the appraisal all the way through contract negotiations. Once the contract is signed by a property owner, then staff would schedule it for approval by the District Board of Supervisors. At the time it is brought before the … Continued

My concern is that I am being asked to vote for a ballot measure that includes acquisition of easements without much knowledge of what to expect. While I can understand a need for confidentiality, I think there will be an issue of fairness under the scenario you outline. For example, if I were to convey an easement without compensation only to find out after the fact that my neighbor, with an identical situation, received some compensation, I’d probably feel slighted.

Every property where a permanent and/or temporary Flood Control easement is required will be treated the same. Each property will be appraised for the easement rights necessary for the project. Each property owner will receive an offer of just compensation for the easement rights. It is up to each property owner to decide if they … Continued

At least some rights I now enjoy will be lost. What are these?

The County/Flood Control District standard Easement Deed will be used along with a Right of Way Contract for the temporary easement rights. The permanent easement will allow the District to build, maintain, repair and replace the proposed flood control structure and the berm that it is built within the easement area described in the Easement … Continued

Property Tax Implications

Generally, there are no changes in the property tax basis as far as a decrease in valuation due to the acquisition. Based on my experience I do not know of a property owner that has received a decrease in tax valuation as a result of a flood control easement acquisition. Conversely there would be no … Continued

Rights of access: Who, what, when?

The permanent easement includes rights of access to perform the functions and uses of the easement by the District. The temporary construction easement would only be for the initial construction of the project with an expiration date or time period and not extend to ongoing maintenance and use. Access to the easement area would be … Continued

Whose responsibility is weed control?

Weeds within the maintenance easement that may impact flood safety and/or required environmental plantings associated with the project will be controlled by and at the expense of the District. For example, if weeds are physically blocking District staff’s ability to assess the integrity of the levee system they may be pulled. Another example is if … Continued

What can and can’t be done on easement?

Structures are not allowed within the easement area except common boundary fencing. Landscaping would be allowed so long as it doesn’t interfere with the District’s improvements and maintenance thereof.

Non-conforming structures?

Non-conforming structures would be handled in a similar manner as conforming except that the District and County take no responsibility to ensure that a non-conforming structure is brought into conformance as a result of the project.

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