July 30, 2013

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


Barbara Boyd


Dalton Utilities responds

A portion of Mr. McBrayer’s property was acquired through a condemnation action filed Jan. 22, 1991. During the hearing in this matter, Mr. McBrayer contended that the taking of his property was not for a public use and that his property was not needed for that use. It was determined by the court that the property was for a proper public purpose and was necessary for that purpose. Mr. McBrayer asked for a jury trial to determine the amount of just and adequate compensation to be awarded and also filed an exception to the initial ruling on the condemned property. On April 3, 1991, the Superior Court entered its judgment and denied Mr. McBrayer’s exception to its previous ruling. On March 23, 1994, the Court dismissed Mr. McBrayer’s appeal. The final judgment has not been appealed or modified.

The claims by Mr. McBrayer’s family for an easement of access and for damages for impairment of his access are barred by the final condemnation judgment. Mr. McBrayer’s family members, through different attorneys, have made several prior demands over the last decade for an easement of access and for damages for impairment of access to Mr. McBrayer’s property. Because there is no legal basis for granting an easement of access, Dalton Utilities has refused these demands.

Apart from the legal issues involved, Dalton Utilities cannot allow open access to the water supply contained in the Haig Mill Reservoir due to very important security concerns. The importance of security for water supply has increased considerably since Sept. 11, 2001. The Haig Mill Reservoir is not a flood containment lake but rather a small body water supply for the residents of Dalton that would be easily subject to contamination if public access were to be allowed. This concern is one of the primary reasons why public use of the reservoir for recreation has not been allowed.

In every discussion with Mr. McBrayer and the representatives of his estate, Dalton Utilities has offered to purchase the 11 acres at fair market value. This offer still stands.

Text Only
  • We must do better

    The numbers tell a sad tale.
    Registered voters: 36,843.
    Cards cast: 5,307.
    That means the turnout for Tuesday’s runoffs in Whitfield County was a measly 14.4 percent, according to unofficial results from the Whitfield County elections office.

    July 23, 2014

  • Letter: Control immigration

    Thousands are starting to pour into our country, and things are getting personal. Why would we end up the bad guys if we turn away children who aren’t ours? How does it make us better people to let one man steal from our children and stand by and do nothing?

    July 23, 2014

  • Helping with Book Blast betters the community

    The school test results are in, and students in Whitfield and Murray counties mostly improved from a year ago, mirroring or exceeding average scores of their peers.

    July 23, 2014

  • Mark Millican: Guns are already everywhere

    Though it happened over 30 years ago, the image is still vivid.

    July 22, 2014

  • Charles Oliver: Former officer works overtime improperly

    Stephen F. Hall has pleaded guilty to theft by deception and falsifying a government record.

    July 22, 2014

  • Dalton council should seek answers

    Judicial elections in this area are usually pretty staid. In fact, they are generally nonexistent, since most judges run unopposed.

    July 21, 2014

  • Letter: Something to think about

    It has been better than four months now since Malaysia Flight 370 went missing. During that time we have heard all kinds of speculation, conjecture and opinions as to what happened to it. The only certainties to emerge are that the Malaysians fumbled the ball early on and there are some understandably distressed loved ones left to deal with their losses.

    July 21, 2014

  • Don’t forget the runoff

    Most folks are either getting ready for or still recovering from their summer vacations. So it’s easy to forget that Tuesday is an election day. A runoff election day to be precise.

    July 20, 2014

  • Be excited about a new grocery store, but stay loyal to the Green Spot

    The Daily Citizen reported on the front page of the July 15 newspaper that Dalton could get a new grocery store.

    July 19, 2014

  • John O. Schwenn: Making college completion easier

    There are, within the state of Georgia, an estimated 1.1 million adults who started a college degree program and never finished.

    July 19, 2014