Legal Environment of a Containment Site: Laws Governing the Acquisition, Maintenance, and Operation of Dredged Material Disposal Sites,
Abstract
Prospective aquaculturists should be aware of the legal instruments governing the ownership and use of containment areas. The Corps of Engineers (CE) does not usually own disposal property, it only holds the easement to dispose of dredged material on the property. State real estate law governs the rights and relationships pertaining to the property. Disposal easements grant the holder (the CE) all necessary and incidental rights to enjoy the easement, including construction and maintenance of levees, water control structures, etc. These do not have to be specifically identified in the easement instrument. The owner reserves all other rights. Activities by the owner or any leasor may not interfere with the easement holder in enjoying his easement rights, i.e. they may not interfere with the CE's disposal activities.
Document Details
- Document Type
- Technical Report
- Publication Date
- Oct 01, 1983
- Accession Number
- ADP002144
Entities
People
- R. Harrison
Organizations
- Galveston District, U.S. Army Corps of Engineers