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Name:
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wix
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Subject:
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Legal Right to 90 Feet Into the Lake?
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Date:
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5/14/2018 2:06:55 PM
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Interestingly you assume APC has final authority, but you should investigate the control the Feds have. APC has to follow all guidelines and laws of FERC and/or Corps of Engineers. When a commercial entity applies to APC to build docks, dredge, etc, then APC simply forwards that application to the appropriate Feds for approval. As to the 30’ easement to the 491’ level you mention, I know of a friend who owns property that never had the easement applied to his property and he built his house about 10’ from the 491’ level, but those lot’s are rather rare.
I do remember one attorney from Montgomery that did do some property sales on the Lake a number of years ago...like the homes across from Chimney Rock and over to the west of the dam. Maybe that's where you are. One thing I've always heard is, the State owns all the original stream (river) bed land, the power company owns all the other land below 491’, and the citizens own all the water. If you sue and win your 90’ of lake bottom, better look out, you'll need to pay back taxes for the past 90 years. BTW, do your tax records say that you've been paying taxes on that 90’?
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