Cumberland County, TDEC have a dam dispute

The Cumberland County Commission is refusing to pay a bill from the Tennessee Department of Environment and Conservation for inspection of a small dam, reports The Crossville Chronicle. The initial 2016 fee for inspection of Breckenridge Dam was $500, but that’s grown to $3,536.29 with penalties and interest.

At aa commission meeting last week, the panel approved on a 16-1 vote a resolution denying ownership of the land where the dam is located, though a deed giving it to the county was filed by J.H. Graham in 2001. The resolution contends the county never accepted ownership, as required by state law, and adds:

“Cumberland County did not construct the Breckenridge dam no. 2 and thereby Cumberland County herewith denies any legal duties, obligations or liabilities incident to the ownership or duties and liabilities of Breckenridge Dam no. 2.”

Sara Sloane, Tennessee Department of Environment and Conservation (TDEC) deputy director of operations division of water resources… said in February 2016 TDEC water resources division received a letter from county attorney Randal Boston stating Cumberland County owned the dam….Sloane said in October 2016 the state sent Cumberland County its first delinquent status letter regarding the dam and in December 2016 the case was sent to enforcement for action due to non-payment and operating the dam with no valid certification.

One Response to Cumberland County, TDEC have a dam dispute

  • Rick Dale says:

    Mmmmm? IF… J.H. Graham recorded the deed in the capacity of a city official then I would have to say that would be ‘accepting’ the deed. The second nail would be Randall Boston acting as the Cumberland County attorney acknowledged that the county owned the dam, in writing no less. I think the county is going to have an uphill battle. JMO

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