No, Virginia, TVA DOESN'T Have the Right to Permanently Flood

TVA routinely demands destruction of private property on private property below the elevation above mean sea level at the top of the local dam. This is based on deeds from when TVA sold excess land it had appropriated from the states ninety years ago. Many of these deeds are from seven decades ago. They reflect a situation that predates the three generations of development on the shorelines that created infrastructure worth many billions of dollars.

A key phrase in these deeds forms the basis for destruction demands: the right for TVA to permanently flood to the top of the local dam. For the Fort Loudoun and Tellico dams, this elevation is 820 feet above sea level.

But does TVA really still have the right to permanently flood to the top of its dams?

­The 820’ level is more than seven feet about the Fort Loudon/Tellico target level of 812.75 feet. A permanent increase in the level of these lakes would render unusable every dock, lift, marina, ramp, beach, and other water use facility on their shores.

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It's clear that should TVA dogmatically demand exercise of this “right” it would be the end of TVA.  It's thus ridiculous for TVA to even reference this “right” in letters demanding destruction of private property on private property.