[Congressional Record Volume 146, Number 32 (Tuesday, March 21, 2000)]
[Senate]
[Page S1519]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. COVERDELL:
  S. 2260. A bill to allow property owners to maintain existing 
structures designed for human habitation at Lake Sidney, Georgia; to 
the Committee on Environment and Public Works.


              THE LAKE SIDNEY LANIER HOME PRESERVATION ACT

  Mr. COVERDELL. Mr. President, today I rise to introduce legislation 
that is of the utmost importance to a group of homeowners in my state. 
They face one of the most chilling scenarios that could confront a 
property owner--the condemnation and destruction of their home by the 
federal government without compensation.
  The series of events that led to this unfortunate situation began 
nearly fifty years ago. In 1957, Lake Sidney Lanier was completed by 
the United States Army Corps of Engineers to serve as a reservoir for 
Atlanta and as a flood management project for northeast Georgia. Over 
the years this lake, located near the head of the Chattahoochee and 
Chestatee Rivers, developed into one of the great landmarks in my 
state. More importantly, many families have chosen to build homes on 
property adjacent to the lake.
  When the lake is full, water rises to 1,071 feet above sea level. 
When the lake was completed in 1957, the Corps established a flood 
control easement, or ``flood line,'' of 1,085 feet above sea level. The 
Corps decreed that no structures could be built below this line. 
Unfortunately, the Corps did not make an accurate initial survey of 
this easement. Between 1967 and 1972, a second survey of the lake was 
made by foot, and beginning in 1983, yet another survey was begun to 
determine if private structures were violating the Corps easement. This 
survey is about halfway complete.
  In the meantime, properties which were based upon the early surveys 
were sold to families looking to build a home along the lake. Many, if 
not all, of these home owners were unaware of this easement when they 
purchased property along the lake. Therefore, I believe many homes, 
which were believed to be compliant with all Corps property lines when 
constructed, in fact encroach upon the easement. No one is entirely 
sure how many of the thousands of homes along the lake accidentally 
encroach on the Corps' easement.
  Last year, the Corps began enforcing the easement in some areas. They 
decreed that homes which violate the easement must be brought into 
compliance or be destroyed. Now, Mr. President, you and I know very 
well that it is very difficult to move a house. Therefore, destruction 
is often the only option for most home owners.
  To make matters worse, property owners lack legal recourse. Because 
they were unaware of the easement requirement, means for dealing with 
it were not built into their property deeds. In short, numerous home 
owners face a dire situation should the Corps decide to enforce the 
easement all around the lake.
  To solve this problem, today I introduce the Lake Sidney Lanier Home 
Preservation Act. It is both simple and fair. My legislation allows 
home owners who accidentally violated the easement to sign a release 
exempting them from the Corps requirement. In exchange for this, the 
home owner surrenders all rights to legal recourse against the United 
States if the Corps is forced to flood the lake to the easement level. 
At this point, I would like to point out that Lake Lanier has never 
approached the 1,085 foot easement line--its historic high was a full 
seven feet below the flood line, which was recorded in spring 1964. In 
recent years, the lake has been below full pool almost year round.
  Upon enactment of this bill a home owner will have one year to 
request that the Corps survey their property and determine if they need 
to seek a waiver. The home owner not the Corps, pays for the survey. If 
a home is found to be in violation of the easement, the home owner has 
90 days to decide whether to seek a release from the easement, or to 
bring the structure into compliance.
  My bill also applies only to homes built or begun prior to January 1, 
2000. This will provide closure to this issue and discourage any more 
homes from being built below the flood line.
  Mr. President, I wish there were a simple answer to the dilemma 
facing home owners along Lake Lanier. While the Corps has a 
responsibility to fulfill its responsibility to protect citizens in the 
event of a flood, we simply cannot allow hard working families to lose 
their homes in response to a hypothetical situation that could never 
arise.
  My colleague in the House of Representatives, Mr. Deal, introduced 
companion legislation. It is my hope that we can move the Lake Sidney 
Lanier Home Preservation Act forward as quickly as possible, and bring 
peace of mind to home owners caught in a situation beyond their 
control.
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