No Access

posted Oct 3, 2014, 4:31 AM by Site administrator   [ updated Oct 14, 2014, 10:25 AM ]
In 1960, before project construction began, many, many landowners granted APCo an easement to flood a portion of their property. The original landowner retained the right to cross APCo’s easement to access the waters for recreational purposes. Those landowner rights remain intact and travel with the land title forever--seemed like a good deal then ... a win-win. 

Back in those days, and for 43 years, lake front property owners maintained and improved their access, stabilized their shoreline, built beaches, boat ramps and docks. Everyone, landowners, developers, and APCo recognized these easement improvements as a right and all benefited from the flowage easement agreement. Come 2003 and Appalachian Power unilaterally re-interprets the flowage easement agreement and insists that FERC gave them the authority to now restrict recreational access. But FERC has no authority to change the access agreement, nor does Appalachian, without the consent of the property owner, or it becomes an illegal taking of your property rights! 

Today APCo insists you must agree to their Permit terms in order to access the lake -- no ramps, no stairs, no beaches, no docks. Just how do we access the waters, by parachute? APCo will not even allow you to modify their permit to make it consistent with your recorded and deeded property rights. Our state property rights are being trashed. This isn't right, this isn't legal and it needs to stop!