Updated: 11/23/2009 12:11:52 AM
Eleven months after the TVA disaster that unleashed more than one billion gallons of fly ash in Roane County, some residents along the Emory River directly across from the spill remain in legal limbo.
Gary Topmiller and Glenn Daugherty live a few houses away from each other along the east side of the Emory River directly across from the ash spill. Most of their neighbors accepted offers from TVA to sell their land homes shortly after the ash spill and have vacated the area.
Both Topmiller and Daugherty said accepting TVA's offers to buy their homes would have meant a large financial loss.
"They came to me and made an offer that I call 'a laugher.' We paid a lot for this property and built this home ourselves. What TVA offered was not anywhere close to what it would cost to rebuild this house on another piece of waterfront property."
"I love it here," said Daugherty. "But I could not replace my home for what they were offering me. I'd like to get out of here, but they want me to give it to them, and I can't afford to."
Daugherty said buying an identical sized plot of land and home with what TVA has offered would leave him paying a difference of more than $150,000.
"I don't have that kind of money," Daugherty said. "I just wish TVA would do what they said in the beginning about making everyone whole."
Topmiller said TVA made a second offer for the same amount as the first.
"I said, 'No, I'm not losing money because you screwed up the environment.' To me, they basically said you are going to take what we offered you or eat it. We have been eating it for 11 months now."
TVA's offers expired at the end of August. Topmiller said all negotiations ended at that point. In the months prior, TVA had filed for immunity from lawsuits concerning the ash spill.
Topmiller said he cannot sell his land to a private buyer and recover the money he spent to build his home. He also is unable to seek replacement cost of his home in court until a U.S. District judge rules on whether or not TVA can be sued for damages.
"We have just been stuck here. Until the judge tells us what options we have, we are just running air filters non-stop," said Topmiller. "They are gummed up with what looks like black tar. It has been a nightmare. I was tested and have elevated levels of aluminum, lead, and mercury. But I devoted my life and retirement to this house and am not going to give it to them for less than what it costs to replace."
In the meantime, Topmiller said both he and his wife have suffered physical effects from the spill.
"We call it the 'fly ash flu.' It is just kind of an upper respiratory thing that we never had before. We have always lived healthy. We don't smoke. We don't drink. We exercise every day. But all of the neighbors who are left have had the same symptoms," said Topmiller.
Health concerns are another reason Topmiller and Daugherty said they rejected TVA's initial offer. When TVA settled with other landowners, the residents were required to sign a legal settlement and release of any future damages, including health issues that may arise from the ash spill.
10News obtained a copy of the settlement and release conditions in early 2009. Residents were offered a TVA-hired appraiser's determination of the home's value, plus an additional amount that varied depending on the homeowner's proximity to the ash spill. The settlement amounts were not itemized to delineate how much of TVA's offer was for the home and how much was for pain and suffering. Settlement amounts were also made confidential.
The 11-month mark since the spill also begins a one-month countdown to a potential statute of limitations for legal action against TVA. In Tennessee, plaintiffs may sue for personal injury up to one year after discovering the damage, while personal property claims carry a three-year statute of limitations.
Topmiller and Daugherty have obtained legal representation. They now wait for the judge's decision regarding the ability to pursue damages from TVA. If the judge rules TVA is immune from lawsuits, the decision will then be appealed.
"People who stayed out here on the river are in trouble. I don't know how we are going to get out of this, but we need to," said Topmiller.
