July 30, 2013

Letter: Doing the right thing: A Haig Mill Lake story

In 1991, condemnation proceedings began against landowners bordering both sides of Haig Mill Lake and Haig Mill Creek southerly to the North Dalton Bypass for the creation of the Haig Mill Reservoir. All the property owners but one reached a fair compensation agreement for the land that was taken.

Kenneth McBrayer, now deceased and 63 at the time the condemnation proceedings began, couldn’t believe that his land could be taken without his agreement and consent. He would have nothing to do with the legal process, for that, to him, would serve to endorse it.

The city of Dalton’s municipal corporation, Dalton Utilities, through the condemnation proceedings, now owns every piece of land bordering the Haig Mill Reservoir except for Kenneth McBrayer’s 11 acres, which is land locked because Dalton Utilities will not provide access to Kenneth McBrayer’s 11 acres.

At the time, Kenneth McBrayer’s attorney urged his sisters to have him declared incompetent. His sisters could not bring themselves to have their brother declared incompetent when to him he was doing nothing but refusing to allow his land to be taken without his consent. His sisters and their descendants will pay into perpetuity for the actions, or inaction, in this case, of their brother Kenneth McBrayer.

Imagine having 11 acres of land that you could not access, forever, because it is land locked by Dalton Utilities’ properties. Imagine paying property taxes for property you cannot use, or even walk on, and not just for a short time, forever.

As to doing the right thing, Dalton Utilities says the current owner, the Estate of Kenneth McBrayer, can do nothing because the time limit for any legal action has expired based on the statute of limitations. The great inequity here is that the city of Dalton, Dalton Utilities and Whitfield County will benefit from the property taxes and essentially the sole use of the McBrayer 11 acres forever with Kenneth McBrayer’s heirs having no option but to pay the property taxes in hope of someone eventually doing the right thing, or to stop paying the property taxes and let the land be purchased on the Whitfield County Courthouse steps. A list of potential buyers for this property is most likely a short list.

Text Only
  • Successes continue at Dalton State College

    These are exciting times for our local college, Dalton State, both on campus and off.

    April 16, 2014

  • Mark Millican: The birds hushed their singing

    For the uninitiated, that line is from what many consider the greatest rock song of all time, “Stairway to Heaven,” by Led Zeppelin.

    April 15, 2014

  • Misty Watson: When blood sugar drops, anger rises

    It wouldn’t have taken 107 married couples and 21 days to figure out that being hungry makes people angry.

    April 15, 2014

  • Working for the man

    You may be one of the many Americans who will rush to file their income taxes today. But you may not yet have earned enough money to pay all of the taxes that will be imposed on you this year.

    April 15, 2014

  • Letter: The glib tongue, the fake smile

    A recent Daily Citizen column by Walter Williams will both awaken and frighten any thinking person who claims even a smidgen of knowledge about — or belief in —  either the Bible, world history or current events.

    April 15, 2014

  • College soccer team would bring local talent together

    Dreams of combining the best soccer players from all local high schools into one team finally could come true.

    April 13, 2014

  • Letter: Primaries feature many choices

    Many people are confused this year about the May 20 Election Day. Unfortunately, very few voters in Whitfield County actually go to the polls for a primary election. But this means any increase in participation can have a significant impact.

    April 12, 2014

  • Letter: Hooper for Murray chief magistrate

    Thanks to all the wonderful people and friends who backed me for District 1 Murray County Board of Education. You sure showed a lot of support. Sorry I had to step down due to my and my wife’s health. I am a lot better now.

    April 12, 2014

  • Judicial dispute could have been avoided

    Judicial elections in Whitfield and Murray counties tend to be low key. In fact, we can’t recall the last time an incumbent judge on the Conasauga Superior Court, which cover the two counties, has even faced a challenger.

    April 12, 2014

  • Citizen of the Week: Jonathan Rose

    Running for exercise is a popular hobby among many local residents, but at least one racing enthusiast plans to take his fun a step further today.

    April 11, 2014