Dear FERC: STOP Stealing My Property!

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