Here is the confusion: Everyone thinks that the FERC is the big bad wolf in this matter at the Lake of Ozarks. They have most certainly looked that way more often than not. When an entity out of Washington D.C. can so arrogantly mandate the removal of 4500 structures at the Lake of the Ozarks it is fair to say that the title of "big bad wolf" is undoubtedly with merit.
However, if you took the time to read the newest FERC order of June 5, 2012 the FERC is quick to point out statements such as these:
"An SMP is only applicable to lands owned or controlled by a licensee, and has no effect on areas in which a licensee has no interest." Page 3; http://www.ferc.gov/media/news-releases/2012/2012-2/06-05-12-decision.pdf
Page 6;
Among other things, the Commission explained that: (1) nothing in the SMP, the July 26 order, or in November 10 order has any impact on property rights, so that whatever rights entities have in lands within the boundaries of the Osage Project -- whether conferred by deed, lease, easement, or other conveyance -- have not been and will not be altered by action in these proceedings; (2) nothing in the Commission’s orders affects any previously-issued valid permit authorizing a non-project use of project lands or waters; and (3) if an entity has built a structure on lands on which it has a right to do so, that structure is not an encroachment, and the Commission’s orders do not suggest that it needs to be removed. Further, the Commission has no jurisdiction to rule on property rights, which are matters of state law, and any dispute regarding the rights granted by conveyance documents must be resolved in an appropriate court.
If you get nothing else get this...what we are dealing with now is a matter of property rights. Do we own what we believe we own? Do we own what we pay taxes on? Are our deeds accurate? Are our easements valid? This is an incredibly complicated issue that will make your head swim. It is the belief of a multitude of many far smarter than myself, that you do have the right to be there. It is the opinion of many that your deeds are correct, and in order for Ameren to impose the SMP they must "own or control" the rights to those properties. If they (Ameren) do not, the SMP bears no affect. Period. Therefore, this is an issue of property rights. Nothing more. Nothing less. It is time for you to lawyer up, and as the FERC says on page 6 of their most recent order, "let the courts decide". ("...the Commission has no jurisdiction to rule on property rights, which are matters of state law, and any dispute regarding the rights granted by conveyance documents must be resolved in an appropriate court. ")
Seek advice from your attorney about how he/she interpret your title insurance policy in conjunction with your deed. It is time. Is the SMP applicable in your back yard? The FERC makes it clear that "An SMP is only applicable to lands owned or controlled by a licensee, and has no effect on areas in which a licensee has no interest." Is that yours? You better find out.
ALSO: Do not sign anything. Do NOT apply for a permit until you talk to your attorney. If you do you may inadvertently be signing away your right or ability to seek an adverse possession claim in the future. Be educated. Spread the word. Know your rights.
As I have said before, if Ameren NEEDS your property and the rights you own in order to execute the SMP, then they need to acquire those rights that have been yours for decades. As I relayed to a letter to many out there a couple of days ago: Estoppels are going to now be filed against the 1500 homes once ordered torn down. This is not a good thing. That means that the scary black line that used to be called the "project boundary line" is still there, but it just has a new name called "Ameren's fee simple ownership line". It means that they are telling you that THEY (Ameren) own your property and not you. It means that title companies may not issue survey coverage in most cases on properties that have these estoppels. That means that lenders probably will not lend without that coverage. You cannot sell what you do not own.
Again...this is a property rights issue now. Seek legal advice. It is time. If the courts find the property really is yours, and your easements do grant you rights, AND paying your taxes for decades to grant you the rights you thought you had then it is reasonable to expect that if Ameren desperately needs your property to administer the SMP, then you should be compensated for those rights.
Due process is a right guaranteed to every
American citizen in the Bill of Rights of our US Constitution. If they take your
property rights, they MUST compensate you.
If your deed says you own to the middle of your channel, OR you have an
easement that overlays Ameren’s fee simple ownership then YOU HAVE RIGHTS that
cannot just be stripped from you for the public use.
Amendment
V
– The Takings Clause
No
person shall … be deprived of life, liberty, or property, without due process of
law; nor shall private property be taken for public use, without just
compensation.
Tim Sear is an incredibly knowledgeable attorney who has invested years researching this issue, and had the foresight to see the magnitude of this issue years ago. I have spent many hours talking with him and believe that he is an individual who understands this issue at the core. if you do not have an attorney and need one his information is as follows:
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Hewas on the radio this morning talking about this issue. his interview is here if you would like to listen to him:
**To further illustrate points made please read this article recently published by Lake of the Ozarks business journal. it is one of the best newspapers for finding truly accurate reporting on this issue and what the real issues are and will continue to be. I applaud nancy hogland for doing such an incredible amount of research and spendint the time to understanding this issue and reporting on it with a depth of knowledge second to none.
