Category Archives: History

County can’t “lawfully vacate a public street or highway for the benefit of a private individual” —Georgia Supreme Court

While I don’t know if the proposed closing of the end of Old State Road leading to Hotchkiss Landing at the Alapaha River is even on the agenda for this morning’s Work Session (Clarification: Monday 25 Feb 2013; they vote 5:30 PM Tuesday 26 Feb 2013), because the county’s website is down and I can’t retrieve an agenda, in case it is, it may be of interest to know that the Georgia Supreme Court appears to have explicitly forbidden what the county is proposing to do.

Georgia Supreme Court, GRIFFITH v. C & E BUILDERS, 231 Ga. 255 (1973), 200 S.E.2d 874:

Held:

1. “When a grantor sells lots of land, and in his deeds describes them as bounded by streets, not expressly mentioned in the deeds, but shown upon a plat therein referred to as laid out in a subdivision of the grantor’s land, he is estopped to deny the grantees’ right to use the streets delineated in such plat. Ford v. Harris [95 Ga. 97, 22 SE 144]; Schreck v. Blun, 131 Ga. 489 (62 SE 705); Wimpey v. Smart, 137 Ga. 325 (73 SE 586); Gibson v. Gross, 143 Ga. 104 (84 SE 373). By parity of reasoning those claiming under such conveyances are estopped from denying the existence of the streets so delineated upon the plat of the subdivision and given as boundaries of lots acquired by these and others from the grantor or those claiming under him. All persons claiming under such grantor are forever estopped to deny their existence. 19 CJ 928, § 127 (b).” Tietjen v. Meldrim, 169 Ga. 678, 697 (151 SE 349); Davis v. City of Valdosta,223 Ga. 523 (156 S.E.2d 345).

I am not a lawyer, but I wonder what a lawyer would say 1. above implies about the county doing nothing about a blocked public road?

But the Georgia Supreme Court didn’t stop there:

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Radioactive tritium leak at Plant Hatch discovered yesterday

Will Georgia Power CEO Paul Bowers say this tritium leak at Plant Hatch is not a problem, like he did about the one in September 2011? Meanwhile, how many tritium leaks have you heard of from solar panels or wind mills?

According to the NRC’s Event Notification Report for February 14, 2013, OFFSITE NOTIFICATION DUE TO TRITIUM RELEASE ONSITE,

“As part of routine rounds on 2/13/13, site personnel discovered an overflow condition at a collection tank containing water with low levels of tritium (approximately 6,000 pCi/L). The discharge pump for the tank was found to be nonfunctional which resulted in the overflow condition. Following discovery, a portable pump was utilized to pump the water to the normal monitored discharge path and terminate the overflow condition. The exact volume could not be determined but it is estimated that the volume of water that overflowed to the ground was greater than the 100 gallon threshold for voluntary reporting as indicated in Nuclear Energy Institute (NEI) 07-07, ‘Industry Ground Water Initiative-Final Guidance Document.’ A rough estimate of the release is between 100 and 300 gallons. The tritium was contained to a small area on the plant site in the vicinity of the discharge structure, and there is no significant potential for off-site impact or impact to on-site personnel.

“Because the leak remained on site, there will be no offsite impact to drinking water sources. Furthermore, the release posed no threat to employees or the public. Southern Nuclear [SNC] will continue to monitor the affected area as required.

Sure, and they’ve got a ten-mile-radius emergency plan for Plant Hatch, too! Nevermind the Floridan Aquifer that underlies the whole coastal plain hereabouts, and that we drink from over here, only 100 miles from Plant Hatch. The report says they’ll report to the state:

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Renewable energy much needed in Georgia —John S. Quarterman

My op-ed in the VDT today; I’ve added links, plus some more after the op-ed.

Finally! Kewaunee, Calvert Cliffs, and now Crystal River permanently closing say it’s time for Georgia to stop wasting money on Southern Company’s already over-budget and increasingly-late nukes and get on with solar power and wind off the coast: for jobs, for energy independence, and for clean air and plenty of clean water.

February 2013:
Duke Energy is closing the Crystal River nuclear reactor (Tampa Bay Times, 6 Feb 2013), 160 miles south of us, because nobody wants to pay to fix it: between “$1.5 billion and $3.4 billion, plus what it costs to buy power to replace what Crystal River would have produced while it is being repaired” [Charlotte Business Journal, 11 Jan 2013].
November 2012:
NRC terminated Maryland’s Calvert Cliffs 3 (NRC 1 Nov 2012) after Constellation Energy dropped out because the cost “is too high and creates too much risk for Constellation” [Bloomberg 10 Oct 2010].
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As went Maine Yankee, so goes San Onofre: another reactor will close

San Onofre 4 will stay down, if opponents can stop the hidden experiment shell game. Maine Yankee was down for about a year, and never started up again.

Front page of the Bangor Daily News 28 May 1997, Maine Yankee plant may be closed down: Owners weigh repair costs, deregulation,

Page 1A Bangor Daily News 28 May 1997

Maine Yankee President Mike Sellman said that spending will be reduced by about 20 percent, or $41 million, from June through December.

“I think every plant that I’m aware of that has made the decision to essentially curtail start-up activities has then gone ahead shut down permanently,” said Sellman.

Maine Yankee has been off line since Dec. 6, 1966. Several repair and improvement projects had been planned so the plant’s operators could seek Nuclear Regulatory Commission approval to restart and return the plant to service.

See also “It has to close because of the pocketbook.” —Kyle Jones on Maine Yankee nuclear power plant.

-jsq

“It has to close because of the pocketbook.” —Kyle Jones on Maine Yankee nuclear power plant

Instead of demonstrating to influence legislators, sometimes it's better to get elected and legislate: that's what Kyle Jones did in Maine, and he closed the Maine Yankee nuke, de-monopolized the state's electrical utilities, and instituted a 30% renewable energy goal. All this was helped by the nuclear industry's own incompetence.

Bangor Daily News, Page A2, 28 May 1997, Maine Yankee plant may be closed down: Owners weigh repair costs, deregulation,

Page 2A Bangor Daily News 28 May 1997 Cracking in the plant's steam generator tubes, which carry the superheated, radioactive water, was first discovered in 1990. In 1994, Main Yankee officials predicted that the plant's problems were over after they plugged more than 300 of the cracked tubes. However, testing of the tubes during a shutdown for refueling in 1995 revealed as many as 10,000 additional cracked tubes.

Sounds a lot like San Onofre.

At the time, it was estimated that permanently shutting down the plant would cost at least $316 million while, after 23 years of operation, Maine Yankee had collected only $100 million to pay for its decommissioning. The most recent estimate for decommissioning is $369 million, of which only $169 million has been raised as of this month.

Facing the accumulation of these engineering and operational difficulties, the owners of the plant signaled a departure from business-as-usual and, earlier this year, brought in the New Orleans-based Entergy Corp. to provide management services at Maine Yankee.

Oh, my! The same Entergy that's now likely to close Vermont Yankee. And Vermont Yankee wasn’t the first to follow this financial path to closure:

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Tabled for two weeks: proposed Old State Road to Alapaha River @ LCC 2013-02-12

The good news: they didn’t close the road to Hotchkiss Crossing at the Alapaha River. Lowndes County Water Resource Protection Districts Ordinance (WRPDO) Overlay Map They tabled it until their next meeting, which is in two weeks, 26 February 2013. Video will follow tomorrow, in which you will see the room was packed, mostly with people opposed to the road closing, some from as far away as Tifton. All concerned now have two weeks to absorb all the new information and work out a solution.

Below is what I sent to the Lowndes County Commission at Commissioner Joyce Evans’ request before the meeting tonight, followed by a bit more information.

Subject: River Corridor Protection Plan
Date: Tue, 12 Feb 2013 16:49:50 -0500

Dear Commissioners and County Planner,

When I was talking to Joyce Evans just now, I mentioned the 100 foot natural vegetative buffer state law requires local governments to establish next to perennial rivers. Here is a summary of the state law, the definition it contains, the GA EPD rules, and some notes on the relevant parts of the Lowndes County Comprehensive Plan.

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No list of who bought waste collection center cards? @ LCC 2013-02-12

How can Lowndes County not have a list of who it sold waste collection center cards to? How can it not provide it in response to an open records request?

In the 9 October 2012 Regular Session, Lowndes County Manager Joe Pritchard said:

Just under 5,000 residents who have purchased the cards

That was in his curiously redacted summary of the history of solid waste handling in the county, and he was referring to the access cards to the waste collection centers.

Paige Dukes to April Huntley 2013-01-28 Yet when April Huntley submitted an open records request asking for the names of the 5,000 people who would be affected by the waste collection centers, this is what County Clerk Paige Dukes replied:

In regards to your open records requst for a copy of the 5,000 residents in unincorporated Lowndes County who will be affected by the closing of the recycling centers, the document you have requested does not exist.

Maybe this explains part of why Veolia, excuse me, ADS, seemed so confused yesterday morning. Come tonight to see if any Commissioners ask about this.

-jsq

Letters against closing Old State Road to the Alapaha River @ LCC 2013-02-12

Here is a list of the letters I have copies of that oppose closing Old State Road to the Alapaha River; probably more have been sent. The vote is tonight 5:30 PM 12 February 2013 at 327 North Ashley Street 2nd Floor, Valdosta, GA. According to state law and the public hearing notice,

Any citizen of Lowndes County or any person wherever residing may be heard by the Lowndes County Board of Commissioners during the aforesaid public hearing.

That means anyone from anywhere may speak.

Here’s the list.

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Proposed abandonment of the only public access to the Alapaha River in Lowndes County —April Huntley

Received Monday; she sent it to all the Commissioners; I added a few links. -jsq

To the Lowndes County Commission:

My name is April Huntley, and I have lived in Naylor for over 13 years. I have used the boat ramp at the end of Old State Rd. that April Huntley gives access to the Alapaha River for most of those years. Until yesterday, when I spoke to Phillip Connell, I didn’t know I was trespassing when I swam in the river. I thought this was public access. I thought this belonged to Lowndes County.

I thought about this some more and questions rose up in my mind. Why hadn’t the game wardens and sheriff deputies that came to check the area at times notified me and others we were trespassing? Why would Lowndes County not claim their ONLY boat ramp to the Alapaha River for the benefit of their residents?

Commisioners Raines and Powell Ok, so I had these questions, but then I started thinking about the Commission work session I attended yesterday morning, and when I talked to Commissioner Powell and Raines afterward. They told me

that despite what the tax assessor has on their website and in their records, their attorney viewed the deeds showing Phillip Connell bought the property from Dr. Acree 2 or 3 years ago. His lawyer (I’m assuming Mr. Connell’s) filed something wrong and that’s why it isn’t showing up with the tax assessor. The story when Chairman Bill Slaughter I spoke to Bill Slaughter, Commission Chairman, Friday afternoon was that we need to prove ownership because he and Commissioner Evans had walked the property with Phillip Connell. Mr. Connell says he owns both sides of the road.

So from Friday afternoon to Monday morning deeds have been found to prove ownership of the land? And these deeds contradict tax records? So is it 2 or 3 years? Doesn’t a deed have an exact date on it? Who has been paying the taxes for the last 2 or 3 years? Wouldn’t somebody notice if they were paying taxes on land they didn’t own for 2 or 3 years?

In light of these new discoveries, the people immediately request information on what exactly the lawyer filed wrong which caused Phillip Connell’s supposed property along Old State Rd. not to show up in the tax assessor’s records, the exact date Mr. Connell purchased the property from Dr. Acree which gives him ownership of the land on both sides of Old State Rd. and the deeds. Most importantly the people request to know when and why Lowndes County lost the boat ramp to private property.

Oh, one more question, did the state of Georgia build the boat ramp with prison labor?

Commissioners, I respectfully request this information and that you deny the proposed abandonment of .17 miles of County Road 16, Old State Rd., leading to the Alapaha River.

Sincerely,

April Huntley

Please deny abandonment of Old State Rd. leading to the Alapaha River —Brett Huntley

Received Monday; he sent it to all the Commissioners. -jsq

To the Lowndes County Commission:

My name is Brett Huntley. I have lived in Naylor Georgia for 13 years. I am also a business owner in Lowndes County. Brett Huntley

In the past 13 years I have used the location at the end of Old State Rd. as an entry point to the Alapaha River for all kinds of outdoor recreation. An example of these things are fishing, camping, boating, hiking, canoeing and family get togethers.

This location is the only public access point to the Alapaha River in Lowndes County. It would deeply sadden me to lose this place that I have grown to love over the years.

I would also like to not only suggest keeping this location open to the public, but ask the county to consider spending money on it. It would benefit the county to fix this location so it can be easier maintained and the public can access it.

I would also like to point out that this time the idea of shutting down the entry point to the river has been a lot more under the radar. I would like to know why a counter has not been placed across the road to show proof of how many people use this location. Also why was the sign notifying the public of this matter not put up until the last minute?

Thank you!

Brett Huntley