Opposition Mounts to Locust Fork Land Sale

July 30th, 2009

Birmingham Water Works Seeks Quick Sale

Forever Wild Board Says Wait

by Glynn Wilson

The Birmingham Water Works Board is rushing to sell 3,200 acres of land along the Locust Fork of the Black Warrior River and forestalling a move to acquire the property to preserve it by the state Forever Wild board.

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Glynn Wilson
Donna Schultz and Friends of the Locust Fork president Sam Howell on a recent outing on the river…

The Black Warrior Riverkeeper non-profit group is opposing this move and asking that citizens immediately contact the Birmingham Water Works Board to oppose the action.

“It is a shame that the (Birmingham Water Works Board) has chosen to abruptly shun Forever Wild and sell to the highest bidder. It seems that the rush to sell is unfounded, as they have held this property for more than a decade,” said Nelson Brooke, executive director of the group.

The property has been appraised at $3.2 Million, according to the water board. At the last Forever Wild board meeting on June 11, that board voted to seek their own appraisal of the property, a first step toward buying the land to preserve it and protect it from development forever.

The water board, however, voted in their board meeting on June 30 to open up a bid process to accept offers on the property through Friday, July 31.

“This unfortunate move effectively cuts Forever Wild out of the running for the property, as the earliest Forever Wild could make a decision would be at their September board meeting,” Brooke said. “I have been unable to meet with their realtor Stan Smith this month to figure out why they are doing this and how the process will work, despite repeated attempts and promises.”

Brooke encouraged the public to contact the board and urge them not to do this. You can learn how on its Website at BirminghamWaterWorks.com.

“This is it folks,” Brooke said. “If they choose to sell to the highest bidder after tomorrow, then the public option is off.”


“It is very disappointing,” said Pat Byington, one of the original environmental activists who pushed for the creation of the Forever Wild program. He is now the Southeast coordinator of the Wilderness Society.

The Forever Wild Program was established in 1992, by constitutional amendment, to provide for the purchase of public recreational lands. Since its inception, the program has purchased lands for general recreation, nature preserves, additions to Wildlife Management Areas and state parks. Currently, the board is focusing on acquisitions in central Alabama. Sixty-seven tracts totaling 139,844 acres located throughout the state have been acquired.

The Forever Wild board was made aware of the sales timetable, water board Chairman Anthony Barnes told The Birmingham News.

The board bought the Blount County property in the early 1990s for $2.7 million. The plan was to dam the river for a drinking water reservoir. Serious opposition to the dam kept that plan shelved for years, however, until the water board recently gave up and took the dam off the list of options for a future water supply for the Birmingham area.

The board has decided to pursue a different new water source, Barnes said, so it’s time to sell the property and apply the money to other projects.

“I think it would be unfair to our ratepayers if we didn’t take the highest offer that comes in,” Barnes told the News. But that’s a ridiculous statement, according to Brooke.

“Why does the board not want to work with the state on a sale that could benefit thousands of citizens annually, the local Blount County tourism economy, and water quality and wildlife habitat? Seems like a win for the public (ratepayers and citizens alike) and for the water supply (watershed protection is the best investment a water provider can make),” he said. “Something smells fishy.”

Businessman George Barber, a member of the Forever Wild Board, told the News he would like to acquire the property for Forever Wild, but he said it will take time to get an appraisal for the property and a vote to buy it, according to Forever Wild’s procedures. He said the board can’t act as quickly as individuals.

The water board contracted with real estate agent Stan Smith to help market the property. When contacted on Thursday, Smith said one offer has been received, although he would not reveal the bidder. He indicated some local Blount County natives, who sold their property rather than risk eminent domain, may now come back and bid to buy their family farms back.

Fay Holcolmb, whose family sold about 170 acres of land to the water board back when under a threat of eminent domain, said she was told at the time that local owners would have the first option on buying their land back — if the water board ever gave up on the dam idea.

“I was told that if something happened and they didn’t build the dam that we could get our land back,” she said. “But when I tried to get in touch with them, they never would answer or call me back. They told us so many lies…”

She said the decision by the water board to sell the land all at once so quickly “is really disturbing. You don’t want a bunch of houses built right next to you.”

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Glynn Wilson
Lee Isaacs runs the shoals in the Locust Fork…

The Locust Fork is one of the last free-flowing rivers in the American South. It is home to crayfish and snails and critical habitat for five unique species of endangered freshwater mussels, as well as the rare Cahaba shiner and the Locust Fork darter, the flattened musk turtle and a large salamander called the Black Warrior water dog.

It also is a major recreational destination for fisherman and boaters, especially canoeists and kayakers, who flock to the area for the white water — when the water is high.

Public access is limited since most of the land along the river is in private hands. If the property were purchased as part of the Forever Wild program, additional public access points would be provided.

For more information, check out this newsletter article on Forever Wild nomination.

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No Responses to “Opposition Mounts to Locust Fork Land Sale”

  1. Rowland Scherman Says:

    Perhaps Forever Wild ought to hold an emergency meeting?

    Is it “game over” if they don’t?

  2. admin Says:

    Some former property owners are gearing up for a fight now. Not sure if it is “game over” yet or not. For anyone who wants to fight, here are some of the key contact numbers for the Birmingham Water Works Board:

    Binnie Miles, Public Relations
    244-4220

    (I called and left a message this morning. No call back yet).

    Anthony Barnes, Board Chair
    cell: 222-9917

    Mac Underwood, General Manager
    224-4403

    Sonny Jones, Assistant General Manager
    244-4408

    Stan Smith
    296-3815

    You might also call the Forever Wild board members and see about getting them to lobby for a delay, or to hold an emergency meeting.

    The list of board members is a pdf file available from this link, although you will have to look up their numbers.

    I have a call and an e-mail in with my old friend and source Dr. George Crozier at the Dauphin Island Sea Lab.

  3. Cissy R Says:

    Could this frantic action by the BWWB to sell the land have to do with the proposed coal mine here in Blount County near Rosa/Easley?

  4. admin Says:

    I don’t really see a connection, although there could be an overarching corporate strategy to go after permits for these things now — before the Obama administration has a chance to totally change the personnel…

  5. Robby Scott Hill Says:

    Forever Wild is a great program that unfortunately is handicapped by politics. The State Lands Division of The Conservation Dept. administers the program at the direction of the Forever Wild Board which is comprised of appointees from the current and previous governor’s administrations. It’s difficult enough to obtain a nomination and get The Lands Division to order an appraisal, then the board has to vote on whether or not to acquire the property which is done with a combination of federal and state funds and private grants. While The Forever Wild Board does have established minimum criteria for approving land acquistions, several tracts always manage to meet minimum standards. Sometimes it can be a nightmare getting board members, federal officials, and the private groups who normally have other business before the Conservation Department to agree on anything. Non-Forever Wild business has to be settled and deals have to be cut among VIPs before a purchase can go forward. For one time, I wish Forever Wild would put politics aside and move quickly on this. A lack of leadership will allow this land to be purchased by people who don’t have the best interest of The People of Alabama at heart.

  6. phillip ledbetter Says:

    I invite everyone to hear our offer and proposed use for the property on Tuesday, Aug 4 – I feel that you will find us as “your new friend” (and your only friend). Feel free to call me to discuss in more detail.

    Hope to see you Tuesday.

    PHIL LEDBETTER 256-310-3873

  7. Glynn Wilson Says:

    I called and e-mailed and asked about it.

    Phil said:

    The proposed use will benefit the community and protect the property.

    The river will remain free, protected and the land will not be offer for resale, developed, clear cut or subdivided. It will be protected forever by private ownership!

    PHIL

    I asked when and where on Tuesday?

  8. Glynn Wilson Says:

    Via E-mail:

    We will be at BWWB main office at 1:00 – Yes we are one of the five bidders – None of the land will be available for resale – But the land, river, animals, species, etc will be protected forever — You need to review the other bids, I understand they are from timber dealers (clear cut), home builders, developers, etc. All I asked is to keep an open mind, positive attitude and to compare each bid on an individual basis. It is my findings, that all land owners sold to the BWWB freely, based on an open market at that time (no one was forced to sale). Nevertheless, I feel confident that our offer is as close to “bought for the public good” as it is going to get!!!

    See you on Tuesday!!

    PHIL

  9. Glynn Wilson Says:

    No sure about the only friend thing. We will see.

    Some of the property owners I interviewed indicated they felt forced to sell or face eminent domain.

  10. SI Reasoning Says:

    Is this the Phil Ledbetter you are speaking with?
    http://www.loopnet.com/broker/phillip-ledbetter/2632907/

    Does anybody know him or anything about him?

  11. Glynn Wilson Says:

    I guess we will find out Monday…

  12. admin Says:

    The PR woman at the Water Board never called me back, so I went down there in person today. She would not meet me in person either.

    If there is a such thing as an environmentalist in Alabama with any protest in them, they should show up with some signs and chants on Tuesday.

    Property owners should show up too – with your lawyers.

    There is something fishy in Denmark, er, Birmingham.

    For those who don’t remember, we investigated the Water Board in the 1980s and had one member thrown in jail for corruption. We may have to do it again.

    This time ad the Forever Wild Board to the investigation.

    Republican Governor Bob Riley appointed George Barber, a real estate developer, and now he’s the key contact not making a move to forestall this hasty sale to a private developer?

    We have some tough questions for somebody on Tuesday.

    Will the other press and media in town show up? Or will they just print the Water Board’s phoned in PR?