Legal aspects module: introduction | disclaimer | historical overview | dam basics | repair/removal issues | role of FERC | landownership identification | summary | appendixes

Landownership identification: Dams and flooded lands

It is important to identify the dam owner and the owners of the land adjacent to, and flooded by, the structure to assist with developing strategies for use of land that is newly accessible when a dam is removed.

To ascertain the ownership of newly exposed lands, title searches will need to be completed. In some cases, counties may employ geographic information systems (GIS), which may include some deed information in database format; for complex deed searches or searches in areas where computerized records are not available, title search companies may be hired to assist with determining the landownership.

In simple cases, the owner of the dam may have purchased all the land under the impoundment prior to flooding (completion of the dam). This land would remain under the ownership of the dam owner if the dam were removed. In situations where there is no identifiable owner, the land may be put up for a “quit claim” process or for sale. Commonly, the buyers are those who have land adjacent to the property or the community itself. If the surrounding land is publicly owned, further community purchases of the land may be funded.

Perhaps one of the more significant problems in identifying landowners arises when deeds are not kept current over time or when lands are sold. Occasionally, although a deed may still exist, the document may not specify exact boundaries of the dam owner’s land. Similarly, owners may forget about a piece of property once flooded in an impoundment upstream of a dam. Furthermore, a new owner of that same land may not realize that the flooded land belongs to them. Should a situation arise in which a new land owner does not account for flooded lands in the new deed, the flooded lands remain in the possession of the previous land owner. Consider the following hypothetical situation: The Smiths own 40 acres of land along a stream. A dam built downstream of their property floods 10 acres of their land, land that remains in the possession of the Smiths despite being underwater. The Smiths pass the land down to their children and during additional transactions the deeds are lost. After some time the Smith children sell the property to the Jones family. Prior to the sale, a land survey reveals that the Smith’s property acreage is 30 acres. If the dam were removed and the 10 acres of flooded “Smith” land made available, such land would still fall under the ownership of the Smiths.

Other complications may arise from landownership transactions in which deeds have been misplaced. For instance, should the Jones family wish to purchase the additional 10 acres of formerly flooded Smith land, the Joneses should take into account that the land may have liens on it from unpaid back taxes.
 

Potential usage of newly available lands

Once owners of newly available lands have been identified, communities or individuals must decide on appropriate land use for these new lands. Several considerations must be addressed in the land-use planning process. Newly recovered or available lands may be subject to shoreland, floodplain, and wetland zoning, thereby posing zoning restrictions on some development or use. Additional local zoning ordinances may provide further limitations for land use. Landowners are encouraged to contact their local zoning office to find regulations for their specific land parcel. Zoning office information may be retrieved online at the Wisconsin Department of Natural Resources web site: http://www.dnr.state.wi.us. It is in the best interests of communities and individuals alike to develop a land-use plan for newly available land before a dam is removed to meet all regulations and zoning considerations.
 

Next section: Summary

URL: http://www.ies.wisc.edu/research/wrm00/legown.htm