FAQ Topic: Gallinas levee easement acquisition

These real estate negotiations are more complex than I am comfortable entering into without some counsel. And while I don’t think the County or Flood Zone is out to get anybody, County Counsel will have a duty to the Flood Zone and my interests may not be entirely aligned. Before I record a permanent easement I would like to have some advice from an attorney skilled in this area. Will I be expected to bear those costs as well?

Attorney fees are not reimbursable. If at the time the District enters into negotiations any of the conditions outlined below in the Code of Civil Procedure 1263.025 are met, the homeowner could get their own appraisal and the District would reimburse reasonable costs up to $5,000. (a) A public entity shall offer to pay the … Continued

What if a homeowner says no to the easement? The project apparently requires participation from 100% of creekside homeowners in Zone 7. What happens if a homeowner declines the offer?

If the project receives CEQA approval and funding and the Board of Supervisors decides to authorize implementing construction of the project then the District may elect to use its powers of Eminent Domain as established in the US Constitution, Federal code, State code, and Water Code Appendix 68-5.13 to acquire the necessary easement for the … Continued

I do not understand how boundaries of the easement areas are to be determined and located onto the title report parcel map. Exactly who determines if the existing levee is actually on our property and exactly where it is located in relationship to the property boundaries on the ground and in the title report. Is this being done by a licensed surveyor?

The survey work is being done by a licensed surveyor. Matt Vander Dussen works for GHD. In 2019 Matt conducted a topographic survey of the project area using a combination of Drone LiDAR, photogrammetry, and traditional survey methods. One deliverable from this work was a digital shapefile of the levee/TRB centerline. In 2020 this work … Continued

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