Tag: ownership

Fighting for the Control of a River

  • Badin Mayor Jim Harrison stands on the steps of town hall. Alcoa’s old smelter looms behind. Alcoa once employed half the population of Badin, but the smelter closed in 2002. (Photo by Julie Rose)

In the dry American West, folks have been
duking it out over water for centuries.
But water shortages are new to the Southeast.
Many once thought the rivers would flow
forever. Now, North Carolina is emerging
from the worst drought in over a hundred
years. Julie Rose reports on a power
struggle has erupted over one of its
rivers:

Transcript

In the dry American West, folks have been
duking it out over water for centuries.
But water shortages are new to the Southeast.
Many once thought the rivers would flow
forever. Now, North Carolina is emerging
from the worst drought in over a hundred
years. Julie Rose reports on a power
struggle has erupted over one of its
rivers:

(sound of inside a truck)

From a one-lane road way above the Yadkin River, the trees are so thick you can just see
the water. It looks so tranquil that the Narrows Dam is a bit of a shock when you turn the
bend.

Rose: “Whoa, this thing’s huge.”
Ellis: “Yeah.” (chuckles)

(sound of climbing out of the truck)

I’m with Gene Ellis, who’s the head of Alcoa Power Generating.

(sound of water falling.)

For nearly 100 years, the aluminum company has owned and operated four dams on one
of North Carolina’s largest rivers. Now Alcoa is trying to renew that hydropower license
for 50 more years. But the Governor of North Carolina wants Alcoa’s dams for herself –
or rather for the people of North Carolina.

The federal law that governs America’s rivers does allow for a takeover, but it’s never
been done. And Alcoa’s Gene Ellis says it’s something he’d expect of a dictator.

“Alcoa’s only experience with the socialization or the nationalization of a plant was
in Venezuela during the leadership of Hugo Chavez.”

Ellis says the takeover attempt violates Alcoa’s property rights. Trouble is that while
Alcoa owns the dams, the people of North Carolina own the river. Alcoa’s basically a
tenant.

And North Carolina Governor Bev Perdue says it’s time to end the lease.

“We need to be sure that the water sources that we are allowing to be controlled – if
you will – by a private industry, produces something for North Carolina.”

Something like jobs, says Perdue, which is why Alcoa built the dams in the first place.
They used to power an aluminum smelter that was the main employer in the region.

In 2002, Alcoa closed the smelter, but still makes millions off the dams. It sells the
hydropower wholesale. Alcoa continues to pay taxes – and still offers free swimming
and fishing on the lakes – but the Governor says that’s not enough to deserve 50 more
years of control on the river.

Officials from at least seven counties agree. As do many residents, like Roger Dick.

“The state needs to be in control. We do not need to be, as citizens, having to go ask
a global company for how we will use our water.”

Ironically, Alcoa’s biggest support comes from towns on the four lakes it manages.
Especially Badin – where you can see the huge, empty smelter from the steps of the
mayor’s office.

Rose: “Did you work there?”

Harrison “Yes. 30 some years. That was our only industry and we’ve lost our heart
when we lost Alcoa.”

And yet, Badin Mayor Jim Harrison says-

“I would rather trust who I know than who I don’t know. Does the state not run our
highways? Do you really think they have done the best with our highways that can
be done? So, I’m mean, if they do the same job with our dams, what’s that gonna
end up being?”

Not even Governor Perdue can answer that yet. Nor is it clear how the transfer would
work or what the state might have to pay for it. Those decisions are up to the Federal
Energy Regulatory Commission, which oversees thousands of hydropower licenses, but
has yet to take one over.

Talking to Mark Robinson – the commission’s director of energy projects – you can
practically hear him scratching his head through the phone line.

“We really can’t figure out what the idea was there. But I’m sure with the help of a
number of very smart lawyers we would all figure it out.”

Since Alcoa expected a decision on its license this summer, lawyers on both sides are
already working overtime.

People across the country are watching closely, because the outcome will set an
important precedent at a time when water is no longer the endless resource many once
thought.

For The Environment Report, I’m Julie Rose.

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Interview: Why Private Forests Matter

There are 751 million acres of forest lands in the United States. More than half of it – 56% – is privately owned. Some of that land is owned by big timber companies. But the majority is owned by individuals and families. The American Forest Foundation represents those private landowners. Until last week, Larry Wiseman was CEO of the group. Lester Graham talked with Wiseman just before he left the organization. Wiseman says privately owned forests are at risk.

Transcript

There are 751 million acres of forest lands in the United States. More than half of it – 56% – is privately owned. Some of that land is owned by big timber companies. But the majority is owned by individuals and families. The American Forest Foundation represents those private landowners. Until last week, Larry Wiseman was CEO of the group. Lester Graham talked with Wiseman just before he left the organization. Wiseman says privately owned forests are at risk.

Larry Wiseman: “One of the great paradoxes that most folks don’t quite get is that the largest part of the productive forest land in the United States is owned by families and individuals. Some 5 million folks who own more than 10 acres of land, some of them as long as 300 or 400 years – land has been in their family since before the United States was actually created.”

Lester Graham: “There’s a lot of concern these days because as the demand for things like newsprint, the demand for lumber is down because of the economy, there’s some concern that some pretty large tracts of land might be sold for things like development, just simply because they’re not making as much money off of this land. Is there a real risk of that?”

Wiseman: “Absolutely. The risk of conversion of forest land to development has accelerated over the past decade, to the point that we’re losing a little bit over one million acres a year. To put that in perspective, that’s about the size of the Everglades National Park every year. One of the primary pressures on forest owners, whether they own 1,000 acres or 100, is that they can’t do the kind of conservation work they want to do unless they have some cash. You know, cash is really the cornerstone of conservation when you’re talking about private property. People have to pay taxes, people have to buy liability insurance, people have to invest in the future of their forests, and if there’s no cash flow at the end, then it becomes very hard for them to say ‘no’ when a developer comes calling. This isn’t to say that all of these 4 or 5 million folks are growing timber for profit – very few of them actually do. But, by the same token, most of them have to develop cash flow, or, over time, it becomes very hard for them to keep their land as forests.”

Graham: “There has been suggestion that carbon offsets by planting more forest land, or that forest land owners should get some sort of compensation for the service that a forest would do – but there’s a lot of debate about the net-gain of a forest sequestering carbon dioxide. I’m wondering what your members feel about that issue?”

Wiseman: “There’s no doubt that on a net-net basis the forests in the United States currently absorb about 10% of the carbon dioxide upload as a nation.”

Graham: “Should your members be compensated for that?”

Wiseman: “Well, let me get to that in a minute. I believe they should be compensated. But our organization takes the position that healthy growing forests that are being managed for a suite of values – including carbon sequestration, water quality, wildlife habitat – provide a wide range of services to the public that the public doesn’t understand that it’s getting. These folks are volunteers; they’re providing clean water, cleaner air, wildlife habitat, outdoor recreation, and green space – for free! And, the great paradox is that the public doesn’t understand that they have a stake in the future of these forests, just as the owners do. Accordingly, that’s why our organization has long stressed the need to create streams of income that reward people for the stewardship investments they make that benefit the public as a whole.”

Tom Lyon is the Director of the Erb Institute of Global Sustainable Enterprise at the University of Michigan. He spoke with The Environment Report’s Lester Graham.

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Ten Threats: Saving Wetland Remnants

  • Winous Point Marsh Conservancy and Duck Hunting Club's Roy Kroll collects millet. (Photo by Julie Grant)

Among the Ten Threats to the Great Lakes is the loss of thousands of square miles of wetlands along the lakes. From Superior to Ontario and on up the St. Lawrence Seaway, we’ve lost some of the most important wildlife habitat along the edges of the lakes. For example, 200 years ago, much of the southern shore of Lake Erie was a huge swamp. Most of those wetlands have been drained and filled since European settlement. Julie Grant reports on efforts to maintain the little bit that remains:

Transcript

In our next report in the series, Ten Threats to the Great Lakes, we’re going to hear about changes to a large area that drains into the lakes. Our guide through the series is the Great Lakes Radio Consortium’s Lester Graham:


Among the Ten Threats to the Great Lakes is the loss of thousands of square miles of wetlands along the lakes. From Superior to Ontario and on up the St. Lawrence Seaway, we’ve lost some of the most important wildlife habitat along the edges of the lakes. For example, 200 years ago, much of the southern shore of Lake Erie was a huge swamp. Most of those wetlands have been drained and filled since European settlement. Julie Grant reports on efforts to maintain the little bit that remains:


Researchers from the Cleveland area park district have been driving hours to get here to this bit of swamp nearly every day since last spring. Biologist Rick Spence and his partner wade through two feet of boot-sucking mud. They’re looking for turtles. Blanding’s turtles, to be exact. With a distinctive bright yellow chin and throat, it’s designated as a ‘species of special concern’ in Ohio…


“The Blanding’s originally were found in this area in the southern portion of Lake Erie, along this basin area. And so there’s a lot of the Blanding’s in here. It doesn’t get any better than this. We have nothing like this really around the Cleveland area that I know of.”


This area is the 150 year-old Winous Point Marsh Conservancy and Duck Hunting Club. It’s the largest privately owned coastal wetland in Ohio. It’s a thin strip of marsh that runs eight and a half miles along the shore.


Roy Kroll has been Executive Director of the Duck Hunting Club for more than twenty years. He keeps busy balancing the needs of researchers, biology classes, and reporters.


Kroll takes me onto the marsh in a wooden boat. He uses an old-fashioned pole to push us through water that’s only a couple of inches deep. It’s slow and quiet. He stops and uses the pole to slap the water for a call and response with migratory birds. (slap) He can hear who’s hiding in the cattails, arrowhead, and other emergent wetland plants…


(Kroll slaps water twice, birds respond)


“Well, looks like the teal have left and the rail are here.”


Kroll says the 4,500 acre marsh harbors over 100,000 waterfowl, mostly ducks, during November’s peak migration. There aren’t many places like this left on the Lake Erie coastline. More than 90 percent of the region’s wetlands have been drained. Most of that was done in the mid-1800s.


The area was once known as the Great Black Swamp. It stretched from Lake Erie all the way to Indiana. Much of it was under a dense canopy of hardwood trees. Kroll says it was a great system to filter river waters entering the lake. But European settlers and land speculators cut down most of the trees, dug ditches and straightened stream channels to move water quickly off the land. They built roads and transformed the swamp into rich, productive farm fields.


“You have to put yourself in the time period. Rightfully so, that was considered progress. And now we have to look back and say, well, yeah, it was progress and now it looks like it’s not progress. And if we’re not going to eliminate all these wetlands, we’re going to have to take some proactive measures to do it.”


Even at Winous Point, some of the wetlands are in poor condition. Standing on a man-made dike we look one way and see all kinds of plants: cattails, duckweed, and lily pads. But look to the side that’s not protected by the dike, and there’s no vegetation. Hand-drawn maps from the 1800s show a diversity of plants here, but now it looks like an open bay…


“What we’re looking at now is an open water wetland. And again, with no plants, we don’t have the structure for fish, invertebrates, and even plankton and algae to colonize on plant stems. It’s nowhere near as productive.”


Kroll says it’s not nearly as productive as the protected area. He says high lake levels, invasive carp, and pollution running off the land and into the rivers that drain into the lake have all made it tough for marsh vegetation to survive. Without plants, Kroll says the wetland can’t clean water running off the land…into the lake. He says it’s unrealistic to expect a short band of remnant wetlands to do the job of a hundreds of square miles of swamp forest.


“The key is to start at the upstream far upstream head of the watershed and begin restoring wetlands from there down to here.”


There are some efforts to re-store small parts of the Great Black Swamp. But Kroll says it’s also important to protect the little bit of the original coastal wetlands that are still left.


For the GLRC, I’m Julie Grant.

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Beach Combers vs. Beach Owners

  • A recent Michigan Supreme Court decision intended to solve controversy between lake shore property owners and beach walkers has stirred up yet more controversy. (Photo courtesy of the NOAA)

Many people enjoy strolling the beaches of the Great Lakes, and believe it’s as much their shoreline as anyone else’s. But there are a lot of lakefront property owners who believe that beach strolling amounts to trespassing. And in at least two states in the region, that dispute has wound up in the courts. The Great Lakes Radio Consortium’s Rick Pluta has
more:

Transcript

Many people enjoy strolling the beaches of the Great Lakes, and believe it’s as much their shoreline as anyone else’s. But there are a lot of lakefront property owners who believe that beach strolling amounts to trespassing, and in at least two states in the region, that dispute has wound up in the courts. The Great Lakes Radio Consortium’s Rick Pluta has more:


In Michigan, the state Supreme Court recently declared the entire 3,200 miles of Great Lakes coast is public property. But a group of lakefront property owners says the decision has created a host of problems.


They’re complaining that it appears to leave them with no recourse for dealing with people who cross the line of considerate behavior, such as loud picnickers, and careless dog-walkers. Ernie Krygier is with one of the most active property owners’ groups, Save Our Shoreline.


“There’s a lot of other instances that we’re concerned with, and it all goes back to ownership and control to the water’s edge. If you don’t own it, it’s going to be very difficult to control it.”


The Michigan property owners now want the state Supreme Court to issue a more-detailed ruling on what’s allowed and not allowed on the Great Lakes beaches. Krygier says they’re also hoping to win back at least some of the shoreline.


If not, he says, the property owners could file a lawsuit claiming the court’s action amounts to a seizure of their property, and they’re entitled to perhaps billions of dollars in compensation.


(Sound of beach)


A sign posted here on a Lake Michigan beach by a property owners’ association warns people who might wander past that they’re about to tread upon private property, but many people walk right past it anyway to enjoy a stroll on the shoreline. Jim Wright lives nearby, and says he’s walked this stretch of beach for twenty years.


“They, they put out little signs and that. But the signs, you know, are not anything official. It’s just something they got from a signmaker. And so we just kind of ignore them, and they accept them being ignored.”


The recent Michigan Supreme Court said it’s okay for Wright and everyone else to ignore the sign. The ruling said Great Lakes beaches are a unique resource, held in trust by the state for the public to use and enjoy.


The court said public access in Michigan extends from the water to the high water line. That line meanders from beach to beach, from lake to lake, and from season to season. It’s generally indicated by debris deposits, or the absence of beach grass and other vegetation, and Jim Wright says the court made the right decision.


“I’ve always felt that the whole shoreline belongs to the state and no one person, so that was a good ruling that they made and I think most people will be very happy with it.”


It’s a controversy that’s playing out in other Great Lakes states. In Ohio, officials are saying the Michigan decision supports their position that the Lake Erie coast belongs to the public. Shoreline property owners there are suing the state, asking a federal court to declare they own the beaches adjacent to their property.


Noah Hall is a Wayne State University environmental law professor who’s filed briefs on behalf of conservation organizations supporting public access to the entire Great Lakes shoreline. He says the Michigan decision will have a regional impact.


“I think that it would be completely reasonable and expected for another state to look very hard at Michigan’s reasoning and analysis in this case and probably adopt a similar line.”


He says the Michigan decision is a boost to those arguing the entire Great Lakes shoreline belongs to the public, and not to any private interest.


For the GLRC, I’m Rick Pluta.

Related Links

‘Land Bank’ Reinvests in Inner City

  • Heavy cleanup crews from the Genesee County Land Bank use chain saws, wood chippers, tractors and brute force to move piles of debris on the lot of an abandoned house on the north side of Flint, Michigan. (Photo by Chris McCarus)

One community is fighting its problems of abandoned lands and unpaid property taxes. Those problems have led to a decaying inner city and increased suburban sprawl. The new tool the community is using is called a “land bank.” It uses a unique approach to try to fix up properties that otherwise often would be left to deteriorate. The Great Lakes Radio Consortium’s Chris McCarus reports:

Transcript

One community is fighting its problems of abandoned lands and unpaid property taxes.
They’ve led to a decaying inner city and increased suburban sprawl. The new tool the
community is using is called a “land bank.” It uses a unique approach to try to fix up
properties that otherwise often would be left to deteriorate. The Great Lakes Radio
Consortium’s Chris McCarus reports:


(sound of work crews operating wood chipper)


Cleanup crews are sending downed branches through a wood chipper on a vacant lot.
They’re also removing tires, used diapers, car seats, sinks, old clothes and dead animal carcasses.
The workers are from the Genesee County Land Bank in Flint, Michigan. They’re trying to
make abandoned property useful again. Dan Kildee is the Genesee County Treasurer and the brains
behind the land bank. He thinks this new approach can recover unpaid property tax money and help
improve the Flint Metro area.


“The community gets to make a judgment on what we think we should do with this land. We get
to take a deep breath.”


Empty lots and rundown homes have been multiplying for a generation. That’s left the city of
Flint in a terrible economic state. But the land bank is beginning to change things.


Until just three years ago, Michigan was like most other states. No one had come up with
a solution. The state would auction off a city’s tax liens. Then conflict between the tax
lien buyer and the property owner could go on for up to seven years. In the meantime,
properties were left to neglect and often vandalized.


Under this new program, the treasurer’s office forecloses on a property and hands it over
to the land bank, which acts as the property manager. The land bank might then demolish
a house; it might throw out the owner and let a tenant buy it; or it might auction it off
to the highest bidder. A private investor can’t just buy a tax lien. He has to buy the
property along with it and take care of it.


The land bank is financed in two main ways: through fees on back taxes and through sales
of the few nicer homes or buildings the land bank acquires that bring in relatively big
profits. Treasurer Dan Kildee says it makes sense to take that revenue to fix up old
properties and sell them to people who deserve them.


“There is no system in the United States that pulls together these tools. Both the
ability to quickly assemble property into single ownership of the county, the tools
to manage it and the financing tools to develop that property.”


The land bank program hopes to change the perception of Flint. As thousands of abandoned
homes, stores and vacant lots become eyesores, people and their money go other places,
usually to build more sprawling suburbs. The perception that people are abandoning the
inner city then speeds up that abandonment. Many people who can afford to leave the city do.
And those who can’t afford to move are left behind.


According to data gathered by the research group Public Sector Consultants, Flint has the
state’s highest unemployment and crime rates and the lowest student test scores.


Art Potter is the land bank’s director. He thinks the downward spiral can be stopped.
When it is, those folks in the central city won’t have to suffer for still living there.


“Even though the City of Flint has lost 70,000 people in the last 30 years, the people who
are still here deserve to have a nice environment to live in. So our immediate goal is to
get control and to clean these properties now.”


Urban planning experts are watching the land bank approach. Michigan State
University’s Rex LaMore says Flint is typical of Midwestern cities whose manufacturing
base has shrunk. Private owners large and small have left unproductive property behind.
As the land bank steps in, LaMore says it’s likely to succeed and become an example that
other municipalities can follow.


“They can begin to maybe envision a city of the 21st century that will be different than
the cities of the 20th century or the 19th century that we see around the United States.
A city that reflects a more livable environment. So its an exciting opportunity. I think
we have the vision; the challenge is can we generate the resources? And the land bank model
does provide some opportunity to do that.”


But the land bank is meeting obstacles. For example, the new mayor of Flint who took over
in July canceled the city’s existing contracts. A conservative businessman, the mayor is
suspicious of the city’s past deals. They included one with the land bank to demolish 57
homes. This has slowed the land bank’s progress. Its officials are disappointed but they’re
still working with the mayor to get the money released.


(sound of kids chatting, then lawn mower starts up)


The weeds grow rampant in a neighborhood with broken up pavement and sometimes
no houses on an entire block. It’s open and in an odd way, peaceful. Like a
century-old farm. It’s as if the land has expelled the people who invaded with their bricks,
steel and concrete.


In the middle of all the vacant lots, Katherine Alymo sees possibilities.


“I’ve bought a number of properties in the auctions from the land bank and also got a side
lot acquisition from them for my house. My driveway wasn’t attached to my house when I
bought it. And it was this huge long process to try to get it from them. But they sold it
to me for a dollar. Finally.”


And since then, she’s hired people to fix the floors, paint walls and mow the lawns.
She’s also finding buyers for her properties who want to invest in the city as she has.
Together, they say they needed some help and the land bank is making that possible.


For the Great Lakes Radio Consortium, I’m Chris McCarus.


(lawn mower fades out)

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The Call of the Shore

Now that it’s summer, many of us long to be by the shore. Great Lakes Radio Consortium commentator Bob Hamma nurtures a dream of a lakeside cottage, but reflects that he really wants something more than ownership:

Transcript

Now that it’s summer, many of us long to be by the shore. Great Lakes Radio Consortium
commentator Bob Hamma nurtures a dream of a lakeside cottage, but reflects that
he really wants something more than ownership:


I often dream of owning some land on the shore. Living less than an hour from Lake Michigan,
I think it would be wonderful to have a place to go to, not just in the summer, but throughout the year,
a place where the ever-changing patterns of the lake and dunes can become a part of me.


I remember reading a comment by the Native American writer Brenda Peterson about her love
for Puget Sound in Washington, “I may never own land even if one day I might afford it.” Her words
challenge me.


What do I really want? Is it a cottage with a view? A private beach? No, what I long for is
not ownership, but the opportunity to let the call of the shore sink more deeply into my soul.


Being at the shore fosters a certain quality of attentiveness to life, an ability to live in the present
moment. Perhaps it’s the fact that things are always changing there, yet in another way, they are always
the same. The color of the lake, the size of the waves, the strength of the wind, the patterns of the
clouds-all these change from hour to hour. Yet the lake is always there-timeless-almost awaiting
my return.


It’s as if it were calling me to take some time away from my life and gain a new perspective. But the
shore is not just a place of retreat. It is a place of encounter, where life’s incredible complexity, its constant
struggle, its subtle rhythms are ever present for one who looks. The call of the shore is an invitation to live
in the present, to see life each day in its richness and diversity.


I don’t need a cottage for that. I simply need to be there, to put some time aside and go. But it’s
a struggle to respond to that call, to break away from the busyness of my life. Indeed, the issue is not
whether the lake belongs to me, but whether I belong to it. To truly belong there, I must listen to its call,
I must be long there.


I can’t promise that I’ll never own a piece of the shore, but for now, I’ll try to practice the kind
of attentiveness to life that it calls me to. This way, if by some amazing luck I can afford it, I’ll be ready.


Host Tag: Bob Hamma is a writer who lives in South Bend, Indiana. He comes to us by
way of the Great Lakes Radio Consortium.

Bush Administration Pushes Eminent Domain

The Bush Administration wants authority over states to approve putting new power transmission lines where they’re needed. The Great Lakes Radio Consortium’s Lester Graham reports… some governors don’t think that’s necessary:

Transcript

The Bush Administration wants authority over states to approve putting new power transmission lines where they’re needed. The Great Lakes Radio Consortium’s Lester Graham reports some governors don’t think that’s necessary.


Right now, states have the right to approve where power lines are built. But energy secretary Spencer Abraham recently told governors if the states didn’t cooperate with the Bush Energy Plan to put up more power transmission lines, the President would ask Congress for federal eminent domain powers. That would give the administration the power to condemn land and take it over. Reports say many of the governors are resistant to the plan, saying the authority to site new power lines should be kept at state and local levels. But some governors agree that if states balk, the federal authority should be granted. The Bush Energy Plan calls for more power lines to eliminate so-called bottlenecks in the nation’s power grid.


For the Great Lakes Radio Consortium, this is Lester Graham.