Dear FERC: STOP Stealing My Property!

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This discussion topic has been automatically created of petition Dear FERC: STOP Stealing My Property!.



Aug 02, 2014, 21:42

Been going on way too long.!!



Aug 02, 2014, 23:01

Way overdue!!!



Aug 03, 2014, 00:02

It's OUR property let us do with it as we see fit!



Aug 03, 2014, 00:49

The problems with living on Smith Mountain Lake outweighed the benefits while we proving that our dock conformed to the permit that AEP had issued some number of years earlier (6 years earlier, I believe). We had to retain a lawyer and we were required to survey the property. The AEP employee who inspected our property was polite but said "Now don't get excited" which I thought was silly. The process cost us several thousand dollar and was very stressfull. For what? That should not happen in America.



Aug 03, 2014, 01:01

Have had a lot with a dock on lake 30 years without having to ask permission to do anything on my lot.



Aug 03, 2014, 12:11

FERC is totally dismissive of property owners rights in attempting this theft of our property through their relicensing shenanigans. They are exactly the kind of bullying, overreaching government thugs that that the Constitution's checks and balances were designed to stop. Stand up to these thieves, prancing under the ruse of "common good" social engineering.



Aug 04, 2014, 00:45

Hopefully this is the beginning of the end to the socialistic/Communistic actions FERC and AEP/APCO is perpetrating on us American Landowners. We need to fight this now before they get a stronger legal hold on us. They have defrauded us all these years by advocating we have to have their permission to cut a tree or build a dock when all we really needed was the permission of our local county government and any Home Owners Association that we agreed to when we bought our property.



Aug 04, 2014, 01:36

Congress created this monster FERC and Congress needs to pass legislation to abolish this abuse of power and assault on property rights. If you read the SMP, it uses all the jargon and "blurb Words" on the radical environmental left. The policies of FERC through the SMP is more of the Obama/leftists plan of social equity. Oddly, the old USSR had more income inequality that does the USA today.



Aug 04, 2014, 12:51

Took a dock plan to remodel dock and add on. Have 800 ft of water. Dock is 30+ years old. Because the walk way is 8 ft wide I must tear it down to put the Small 7x10 building. To put one on land to help store and secure personal property, it would be a pretty good walk since I have a flat lot. I believe that the property tax should be paid by the people that say we do not own the land any longer. Of course I spoke direct to AEP, they inform you if it is not kept up, they can make you tear it down also. Been on the lake for 40 years. This must stop. They have already voted and raised our property taxes again in Bedford. It is time for a suit against those stealing our land, and those over taxing what they say we don't own. Stop and ask yourself, what has been done in your area that simply has water in front of you. We got some gravel and tar our cars smoothed down for a road I was told they were going to repave. Willing to help in anyway possible.
Bill Brush
The author of this petition

#10 Re:

Aug 05, 2014, 14:12

#9: -  

 AEP has no right or authority to make you bring a 30 year old dock into conformance with their SMP.  If you are doing routine maintenace to your dock that doesn't require a County building permit, I would not have contacted AEP.  I agree with you they are totally out of control and using every clever means they have get you to sign their permit and limit/take your property rights.



Aug 05, 2014, 15:27




Aug 05, 2014, 16:19

Everyone needs to know what AEP can and cannot do?
They ONLY have flowage easement rights, period.

#13 Re:

Aug 05, 2014, 20:32

#8: -  

While I'm no fan of our current administration, AEP & FERC started this circa 1998... well before the current administration. This has little to do with "bread & circus" politics


#14 Re: Re:

Aug 05, 2014, 23:35

#13: TurnOffYourTV - Re:  

 You are absolutely correct #13.  In 1998 AEP agreed to incorporate the original Acticle 41"land use article" into their old license, setting the stage for where we are today.  FERC orchestrated this entire process to insert themselves between States and their citizens.  It's pure over-reach and neither Congress nor the executive branch have done anything to restrain FERC, since 1998.  About the only recourse left is our court system and FERC will lose as they have no authority to regulate State or local government or citizens or change property rights. This is NOT about right or left wingers, Republican or Democrat ... it's about our guaranteed right to possess and use our property, and if Government takes it, it has to pay -- at least according to the 5th and 14th Amendments to the US Constitution.

Our land rights are guaranteed by our property rights and any AEP authority is limited by these rights!


#15 Re:

Aug 06, 2014, 19:37

#5: -  

 Wait until you try to sell that lot.  That is when you will be hit with a list.



Aug 08, 2014, 14:48

The information is correct and FERC needs to recognize the people have rights that can not and will not be ignored.



Aug 09, 2014, 15:28

I built my dock myself. I fix it myself. I have never gotten permision from anybody to dot that.

I never will, Because I am an American!! We do not cower down to government.

Government should be for the people, not against them.

But I must remember that I am not the only one whom may actions affect.

There are limints to my rights when my actions affect others. I must be mindfull of that.

But my dock being six inches too wide is nowhere near that!!



Aug 09, 2014, 19:39

It's well overdue to stop FERC from over policing our property



Aug 09, 2014, 20:49

Any delay in trying to sell a home on the lake can result in NO SALE as often buyers and sellers are on critical time constraints. Once a dock is approved it should not have to be reapproved in order to sell. Also, it took several times to get my dock approved and then several times to get a small PWC dock attached approval, then inspected. Frustrating.



Aug 11, 2014, 17:33



#21 Re: Re:

Sep 20, 2014, 16:33

#13: TurnOffYourTV - Re:  

 Although this was created circa 1998, the implemenation on today's scale is a direct reflection of the lawless and tyranical Obama regime, which is pursuing its goal of "social equity", for everyone except the elite.  This is top down central control of resources and is exactly the model of resource use in the defunct USSR.  The only difference is the abolition of private property in the USSR in 1917 vs the control of private property in the USA (very similar to what was done in the Nazi era of Germany).  The collapse of communism in the USSR did not dim the enthusiam of socialists in the West.  The environmnetal movement in North America and Western Europe was taken over by radical environmentalists.  Read the SMP and you can see in black and white the jargon and work usage of radical environmentalists.  Oddly, the worse stewards of SML property is Apco.  As an example, look at the erosion and siltation of the large tracts Apco own, such as the Penhall section in the Bull Run arm.

Rob Gerner

#22 Flowage easement rights period

Sep 21, 2014, 16:58


I have lived and worked full-time on Smith Mountain Lake since 1978. As a real estate broker I have read literally thousands of lakefront deeds. They are all basically the same. Many deeds list ownership: (1) to the middle of the old stream bed under water; (2) to some area of land below the water; (3) to the 800 contour; or (4) to the 795 contour.  All of these deeds have an appurtenant flowage easement that allows AEP to flood and reserved rights for each lot owner to cross the land below the 800’ contour on Smith Mountain Lake to access its impounded waters for recreational purposes.  The only rights AEP had on ALL of these properties was the right to flood the Lake 5 feet deeper from full pond (795 feet to 800 feet elevation) Period.


That is the mysterious flowage easement you will find in all your deeds. FERC does not have the right to control your docks, your shoreline, your vegetation, the size of your storage building, whether you can put riprap in or not.  AEP certified to FERC they had sufficient control over the lake properties with their new Shoreline Management Program in order to get a renewal of their license to produce power. Misleading to say the least.  So FERC grants AEP the license. The problem with all this is, neither the representatives from AEP, nor the representatives from the lake who met to hammer out all the details of the Shoreline Management Plan, had any authority to institute anything that changes private property rights!


AEP still has flowage easements rights only. However, if you sign the new AEP permit or their Legacy permit, then you are giving AEP the authority to regulate your private property under their terms. Tear down your dock, paint it purple, make it smaller, whatever... read the documents!  This entire hubbub is costing lake property owners money, inconvenience and time.  I just closed a $525,000 property seven weeks late because of all the delays getting the AEP permit signed. I sold it 10 years ago and nothing had changed! The lot had over 800 feet of deep water frontage! The cost of $525,000 for 7 weeks at 6% is $4240.  I had a few late payments as well. So I decided now that AEP is costing me money it is time to get involved.


I suggest every REALTOR and BROKER and property owner on the lake attend one of CURB's meetings.  If you advise someone to give away their property rights, you and your broker are liable. You may be sued.  Mr. Simms, AEP’s hydro-manager, just sent out his smoke filled letter to all lake residents. I really think it should be mandatory for all brokers and agents who sell lake property to attend one of CURBs 40 minute presentations.  If you understand English, you know what I have stated in this letter to the editor is true. Rob Gerner




Oct 13, 2014, 15:01

Apco uses gestapo style tactics to enforce their idea of control.



Dec 02, 2014, 15:22

The River Rock POA and I may be suing AEP soon for 3 to 4 million dollars for condemning all 2000 feet of our shoreline for constructing docks by declaring it a conservation area because they deem it to be a wetland. It has been proven to not be a wetland...even by the Army Corps of Engineers...and AEP will not admit they are wrong and give us our permits. I hope your actions will help us...and ours will help you.

#25 Re:

Dec 07, 2014, 20:03

#24: -   APCO's neglect of shoreline erosion and its "not my problem" attitude to sediment entering the project is too often resolved with an APCO reclassification of shoreline as a wetland.  Fortunately the SMP new Resource Protection Area classification allows shoreline to be reclassified if the owner can prove APCO's classification did not meet proper wetland delination criteria.


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