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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...

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...

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...

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...

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...

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...

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.

The District will pay the property owner to have improvements modified, removed, moved or replaced depending on the situation. Certain improvements are more portable than others such as hot tubs, small garden sheds, greenhouses, gazebos in many cases can be moved out of the easement area. Permanent improvements such as decks, gazebos with foundations, concrete...

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.

See Landscaping, no permanent structures allowed within permanent easement area.

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...

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...

The property owner would not be liable for construction or actions of the District related to the easement and its improvement constructed therein.

The District will become liable for incidents that occur within its easement during and after construction of the project with certain exceptions where the property owner or third party were negligent or purposely caused the incident.

The District has no permanent right to perform maintenance so acquiring a permanent easement will make the District responsible for the permissions and uses granted by the Easement Deed and carry the associated liability.

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...

This is not the method used to determine the spatial relationships, their locations were surveyed independently as described above, but having everything in digital format allows these areas and distances to be measured.