CURB's Town Hall Meeting (4 December 2014) ... Moneta, VA.

posted Dec 15, 2014, 8:38 AM by Site administrator

Even though it was a cold, damp December evening over 130 concerned citizens ventured out to learn more about APCO's Shoreline Management and the Federal Lawsuit now underway. We had excellent TV News coverage from WDBJ7 and WSET-TV Channel 13 and the Smith Mountain Eagle newspaper was also there. Many Thanks to Eastlake Community Church for allowing us to use their beautiful facility to host this latest C.U.R.B gathering.  You can view TV Coverage via these links: WDBJ7 and WSET-TV13.  Also check out their written narratives WDBJ7 and WSET-TV13

    A lot of ground was covered and we had a very robust and informative stakeholder discussion. The agenda follows:

  • How Your Property Rights Limit APCO and FERC’s enforcement
  • FERC only can regulate APCO
  • APCO’s authority is limited by its property rights
  • Neither the license nor the SMP can change your property rights
  • Explanation of Deeds, Flowage Easements and APCO's Permit
  • Your flowage easement guarantees your lake access regardless of land ownership
  • Both your deed and easement travel with the property when you sell
  • Whereas APCO Permit is an agreement between you and them, it does not travel with the property upon transfer
  • APCO's permit is not federally approved nor is it part of their license
  • APCO's permit takes your property rights without compensation
  • Update on On-going Litigation
  • APCO falsely accused the Defendant (Nissen) of violating Federal Power Act
  • APCO falsely alleged its Federal license granted it authority to regulate the Defendant and all property within the project boundary
  • APCO conveniently mis-interpreted the 1960 flowage easement to deny all lakefront property owners the right of recreational access
  • APCO's strategy is to deliberately side-step State property rights issues
  • Our strategy is to have this lawsuit dismissed/remanded to State court and force APCO to prove it has the property rights to regulate our property [which APCO cannot do]
  • Real SMP Issues Impacting You, Your Neighbors, and Lake Area Businesses
    • Stakeholder discussion