Dear FERC: STOP Stealing My Property!

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.

#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.

#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

#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!

#5: -  

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

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!!

#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.

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

#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.