4. Miniiiiiziiig the Adverse Effects of Flood Control 



Projects on Agricnlture 



Having measured the effects of four flood control projects, i.e.. Franklin 

 Falls, Blackwater. Surry Mountain, and MacDowell, on agriculture in the 

 reservoir areas, adjusted for trends and ownership and management con- 

 siderations, how can experiences with these projects contribute to minimiz- 

 ing the impacts of future projects? Further, how can present policies on 

 these and other existing projects be modified to assure the best possible 

 use of reservoir lands, consistent with the public interest and the needs for 

 iigricultural output now and in the future? 



These issues are discussed in two phases, i.e., those dealing with the 

 acquisition of lands and properties located in the damsite and reservoir 

 ra'eas ( or borrow areas outside these areas ) . and those related to reservoir 

 land use and management during and after project construction. 



A. Acquisition Procedures and Problems 



Land and properties were purchased in fee simple or by flowage ease- 

 Uicnt on behalf of the federal government by the Corps of Engineers. Entire 

 holdings were bought where uneconomic or inaccessible units of land re- 

 mained above the take-line. Where the portion of the property above the 

 lake-line was of sufficient size to comprise an economic unit and the property 

 was still accessible, so that economic value was not greatly impaired, only 

 that portion of the property below the take-line was bought. A high pro- 

 portion of the land purchases involved sub-division, or severance of a por- 

 tion of the owner's holdings. 



Much of the land acquired was in occupied farms and residential uses 

 when bought. The occupied properties were vacated when the government 

 took possession and all buildings located below the take-line removed or 

 demolished. Subsequently, the land was made available under leasing arrange- 

 ments to former owners or neighboring farmers for agricultural uses. 



Legal Basis for Acquisition 



'^I'he real estate in the project areas was acquired under the right of eminent 

 domain, which is the right of the government to take private property for 

 a public use by making "just compensation" therefor. The "just compensa- 

 tion" required by the Constitution is the full and perfect equivalent for the 

 property taken — the owner is entitled to receive the value of what he 

 has been deprived of, and no more. 



The United States Supreme Court has held that "the value of property 

 results from the use to which it is put, and varies with the profitableness 

 of that use. present and prospective, actual and anticipated. There is no 

 pecuniary value outside of that which results from such use." Except under 

 unusual circumstances, use values are assumed to be reflected in market 

 values. Interpretation of the market value concept rests largely with the 

 particular court under whose jurisdiction a land valuation proceeding comes, 

 and the weight given to witnesses' testimony. By typical legal definition, 



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