the bolded points to me are the biggest deal in this case. Based on the CoE engineering reports, the decision to not acquire 100% of the property (or at least easement to it) within the impoundment area was a conscious and deliberate choice. They took a calculated risk and were wrong. It happens. So now they pay the court ordered damages. I find the judicial granting of an easement a problem though, because it allowed the government to acquire easements without being required to conduct any good faith negotiations.JJxvi said:
The problem with the dams is that when the government built them, it essentially created this "easement" because when the dams were full, water would be impounded, but they never actually paid anybody for that right or put it officially in the title to the land. The government asserted this right over these properties merely by building the dams. However, the fact that this had happened was ignored by all government agencies. The federal government didnt want to pay to buy or pay for an easement or buy any more property outright, and figured that rice farmers or whoever was back there didnt really care, and the local governments never wanted to care because doing anything that would slow development would harm their future tax revenues from development. So everyone ignored the problem until, finally, the federal government was forced to assert their right to impound water on these properties.
The government needs to pay something. $85,000 might be a reasonable fee for such an easement. If these properties actually flood like only once every thousand years (ie 0.1% annual risk or whatever) then that might actually be pretty close to market value of such an easement? I don't know. Now if what many of us suspect, that flooding is going to happen more and more often, that really might not be enough, but regardless, the maximum amount it could be is the full buyout value of the property. For many of these places $85,000 is probably more than the entire land value of the lot and maybe up to like fully one third of the total market value of the home. Is that fair compensation? It might be. And then when they sell, its clear that the Corp of Engineers has an easement, so the next person just simply buys it for less than they would if it was unencumbered, and they get FEMA flood insurance based on the likelihood that the property will flood just like everyone else does that lives where it could flood, but mostly it doesnt.
The way it should work is that, they took a risk and failed so now they pay the piper for this event in the form of damages for impounding water on property they did not have the rights to do so on. And now that it's known, they either go out and acquire those rights (possibly requiring E.D.) or risk paying damages again the next time they are forced to impound water on the property they don't have rights to. They shouldn't get to skip over having to negotiate easements with the current property holders just by paying damages for this one event that they deliberately left the risks open to.