Timeline of CURB Events
Supervisors Eliminate the Requirement for an APCO Permit from the Bedford County Zoning Ordinance -- July 10, 2017
Bedford County Supervisors vote 6 - 1 in favor of removing the precondition for an APCO dock permit, before the County will issue a building permit for a dock. Understand that neither Franklin or Pittsylvania Counties require the approval of an APCO permit, so this change makes Bedford County's ordinance consistent with these other localities.
APCO's arrogance was on full display last evening. Its attorney threatened to sue if the County stopped requiring an APCO permit as a precondition for a building permit.
So much for cooperation. The County has an obligation under state code and constitution to regulate uses and development upon county lands. County government has no legal authority to utilize APCO’s dock permit as a precondition for a building permit. County government has no legal authority to enforce APCO’s Shoreline Management Plan or individual flowage easements. Virginia courts are the sole authority to determine and enforce private property rights.
APCO argued that the county cannot pass a zoning ordinance that violates APCO's federal license or SMP and cited a 1988 obsolete state code --15.2 -1226. This code enabled the three counties on SML to regulate docks, because APCO did not. APCO stated if the County issued a building permit, without APCO's approval, the County would violate state law. The US Fourth Circuit Court of Appeals ruled in Pressl v APCO, November 2016 that no individual or locality or state can violate the federal power act by constructing a dock because FERC only regulates APCO and no one else. Since APCO’s license doesn’t apply to the County, it would be impossible for the County to violate APCO’s license with FERC. And a 2016 ruling by the US Supreme Court stated there is no language in the federal power act that grants either FERC or its licensees (APCO) any federal power or regulatory authority over private property owners. Merrill Lynch, Pierce, Fenner & Smith Inc. v. Manning, 136 S. Ct. 1562 (2016)
Thanks to those that attended and to those that spoke in support of the dock ordinance change. Thanks also to the six members of the Bedford County BOS for enacting this needed ordinance change.
C.U.R.B.'s 29 June 2017 Public Meeting — Aug 19, 2017 1:06:54 PM
Defense of Property Rights WINS the Trifecta — Jan 9, 2017 3:51:31 PM
4th Circuit Heard Oral Arguments, 26 October 2016 — Nov 21, 2016 7:40:00 PM
Nissen's Appeal to US 4th Circuit — Oct 29, 2016 1:46:04 PM
CURB Continues to Support Challenges in Defense of Our Property Rights — Apr 29, 2016 5:04:19 PM
Pressls' Reply Brief — Apr 29, 2016 4:28:42 PM
DISMISSAL OF PRESSL V. APCO IN U.S. DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA — Apr 9, 2016 12:53:21 PM
A Federal License Gives No One Authority To Steal Our Property — Apr 23, 2015 12:18:39 PM
CURB Takes Issue with FERC Chairman — Mar 1, 2015 12:56:29 PM
Unite to Defeat APCO’s Bogus Claims — Jan 24, 2015 10:01:24 PM
CURB's Town Hall Meeting (4 December 2014) ... Moneta, VA. — Dec 15, 2014 4:38:40 PM
APCO v. Nissen — Dec 15, 2014 4:37:03 PM
Dispute Continues — Dec 5, 2014 6:40:42 PM
Smith Mountain Lake Residents, Appalachian Power Battle Over Property Rights — Dec 5, 2014 6:33:31 PM
Is FERC's Delegation of Regulatory Authority to AEP/APCO Legal? — Oct 30, 2014 11:51:51 AM
Roanoke Times — Oct 25, 2014 3:41:42 PM
CURB Contacts Virginia Governor & Attorney General — Oct 20, 2014 11:29:34 AM
WE CAN REMOVE ANYTHING! — Oct 19, 2014 12:26:59 PM
CURB Press Release — Oct 19, 2014 12:26:06 PM
Well They’ve Gone and Done It ... Winning This Case Will Change Everything! — Oct 13, 2014 12:14:33 PM
No Access — Oct 3, 2014 11:31:11 AM
How the Commission Views Property Rights -- 17 Sept 2014 — Sep 23, 2014 12:35:43 PM
25 August 2014 CURB Meeting — Sep 6, 2014 6:26:41 PM
24 July 2014 CURB meeting — Sep 6, 2014 6:25:33 PM
CURB Discusses Property Rights with ALAC ... — May 4, 2014 5:02:17 PM
Crescent Bar Island Gets New SMP and FERC Says Property Rights are a State Issue — May 24, 2013 1:06:21 PM
Smith Mountain Marine Business Association (SMMBA) comments on the revised SMP: — Apr 22, 2013 1:03:52 PM
Public Comment on Revised SMP Due to FERC by 8 April 2013 — Mar 7, 2013 6:03:46 PM
Supreme Court Once Again Rules in Favor of Property Rights — Mar 1, 2013 2:59:40 PM
Grand Lakers Rally Around Missouri Congresswoman In Opposition To FERC — Dec 5, 2012 2:28:27 PM
Frequently Asked Questions — Sep 27, 2012 1:07:29 PM
The Leave Our Lakes Alone Act (LOLA) — Sep 27, 2012 12:27:09 PM
Why Property Rights Matter ... — Jul 30, 2012 6:41:50 PM
Virginia's Congressman Morgan Griffith asks FERC ... — Jun 7, 2012 11:36:27 AM
It Has Become a Fight for Private Property Rights — May 10, 2012 2:30:11 PM
FERC's Latest Official Explanation of Shoreline Management — Apr 28, 2012 3:45:18 PM
FERC's Plan for Retrospective Analysis of Existing Rules — Mar 19, 2012 1:14:26 PM
New 4th Branch of Government -- The Bureau o'cracy — Jan 24, 2012 3:50:55 PM
Camden County MO to FERC: we’ll regulate ourselves — Jan 8, 2012 9:35:09 PM
Congressman Robert Hurt Introduces The SHORE Act To Protect Smith Mountain Lake, Bedford, Franklin, Pittsylvania Private Landowners' Rights — Jan 5, 2012 6:40:11 PM
5,000 Signatures Yet No Word from the White House — Dec 17, 2011 2:27:43 PM
Voice Support for Land Owner Protection Act of 2011 — Dec 17, 2011 2:20:22 PM
Everyone Must Listen to this Broadcast from Senator McCaskill — Nov 11, 2011 9:09:55 PM
Let the Finger Pointing Begin ... — Nov 11, 2011 3:43:51 PM
Regulators revise order for buildings at Mo. lake — Nov 10, 2011 6:05:23 PM
Senator Roy Blunt from Missouri is seeking your Input — Nov 1, 2011 8:42:43 PM
Briefing Presented to Senator Mark Warner, VA ... — Nov 1, 2011 3:22:07 PM
C.U.R.B Trip Report To U.S. Capitol – 25 October 2011 — Oct 29, 2011 4:27:51 PM
Meeting with Congresswoman Vicky Hartzler, MO; and Congressmen Robert Hurt and Morgan Griffith of VA. — Oct 27, 2011 5:02:20 PM
Update on Meeting with Senator Mark Warner 19 October 2011 ... — Oct 21, 2011 3:32:02 PM
McCaskill vows to help lake property owners — Oct 17, 2011 6:59:50 PM
Sound familiar ... FERC knee jerk conclusion not based in reality or fact — Sep 30, 2011 12:07:13 PM
PLEASE SIGN THIS PETITION — Sep 28, 2011 8:12:44 PM
Governor Bob McDonnell Weighs In On Gangplank Pointe... — Sep 23, 2011 3:47:02 PM
SML Homeowners: Federal Regulations Out of Bounds — Sep 23, 2011 3:21:02 PM
Senator Steve Newman and CURB Support Gangplank Pointe Right to Maintain Their Docks — Sep 23, 2011 2:58:08 PM
CURB Supports Gangplank Pointe Against FERC Overreach ... — Sep 22, 2011 1:07:59 PM
September 8th Meeting at Cool Branch — Sep 9, 2011 3:21:08 PM
Watch this Video ... Lake of the Ozarks — Sep 5, 2011 1:31:20 PM
Request FERC Chairman Wellinghoff to grant technical conference — Aug 22, 2011 3:48:17 PM
CURB's 2nd Meeting -- August 11, 2011 — Aug 12, 2011 2:12:17 PM
CURB Reaches Out to House Oversight Committee — Jul 30, 2011 1:45:34 PM
New Executive Order applies to FERC — Jul 30, 2011 1:39:45 PM
Improving Regulation and Regulatory Review--Executive Order 13563 — Jul 22, 2011 12:06:21 AM
CURB's First Public Meeting ... — Jul 15, 2011 6:17:39 PM