Toccoa Rocks

By
Services for Real Estate Pros with Geza Design
https://activerain.com/droplet/6dH

The Toccoa RocksIf you live in the Blue Ridge/Aska area, you must have heard about the controversy of the Toccoa Rocks - a favorite river spot, where tubers/kayaks could launch and take out; where people of all ages enjoyed a sunny summer day, swimming and sunning on the river-side. You must also know that the rocks were off limits for the past two years or so, due to issues the owners had with the public using the area. I could certainly understand the principle behind their reluctance however what I cannot fathom is the way this was done and how the area lost a wonderful attraction and destination.

The little stretch along the Toccoa River never looked worse - it is overgrown with weeds, and as dirty and messy as it could be. Before, while the public had access, in spite of the few trash throwing individuals, the area was clean, free of debris (thanks to the people who respected the pristine nature) and definitely a great destination spot.

It seems the controversy is finally going to court, so hopefully The County will be able to step in and either purchase the spot or apply some pressure on the owners so that we can reclaim this area, that has been a public domain for as long locals can remember.

We need as much help as we can from local residents - the Fannin County Chamber is circulating a request for affidavits stating the history of the Toccoa Rocks. This will give Lynn Doss - the Attorney handling The case - a bit of a leverage when the case is heard.

If you live in the area, and if you are familiar with the Toccoa Rocks, please FOLLOW THIS LINK, and download a sample and a blank affidavit, that you can complete and return to the Attorney or to the Fannin County Chamber of Commerce. Time is of an essence, as these affidavits will have to be returned to Ms Doss by early next week.

Thanks for your help!

Geza

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Anonymous
Waldomountainman

Mr. Csuros

First off the Chamber of Commerce is not circulating any request for affidavits and is only involved in this matter to supply information requested by the attorney Lynn Doss who is working for Ron Coleman.  Most people are unfairly critizing the owners of this property and illegally trying to take away their rights to enjoy and use their property as they please.  If everyone would research the laws concerning this matter first a lot of this discussion would be mute.  The owners have had this property for many years and through their former generosity they had not objected to the public using it but because of abuse from the same taking advantage of their generosity they decided to put an end to use without permission.  This sparked an assult on their rights by Mr. Coleman who is determined to force the owners to allow his tubing company to use their property for his benefit.

In the Offical Code of Georgia Annotated (O.G.C.A.) Title 44, chapter 8, section 1 it states "Running water belongs to the owner of the land on which it runs"
O.G.C.A. 44-8-2 states "The beds of nonnavigable streams belong to the owner of the adjacent land. If the stream is a dividing line between two parcels of land, each owner's boundry shall extend to the thread or the center of the main current of the water."
O.C.G.A. 44-8-3 states "The owner of a nonnavigable stream is entitled to the same exclusive possesion of the stream as he has of any other part of his land. The legislature has no power to compel or interfere with the owner's lawful use of the stream, for the benefit of those above or below him on the stream, except to restrain nuisances."
O.G.C.A. 44-8-5 (a) states "As used in this chapter, the term "navigable stream" means a stream which is capable of transporting boats loaded with freight in the regular course of trade either for the whole or a part of the year. The mere rafting of timber or the transporting of wood in small boats shall not make a stream navigable." Since the Toccoa is not classified as a navigable river then perhaps this will settle this argument about whether this family has the right to ask any and all to stay off this property.

Apr 19, 2011 05:56 PM #1
Rainer
47,396
Geza Csuros
Geza Design - Blue Ridge, GA

Dear Mr ?????

I shall not waste much time on this matter, so just to the points:

  1. The affidavit I received, I received from the Chamber of Commerce.
  2. The signatures collected and completed affidavits were dropped at the Chamber of Commerce.
  3. Ergo, I believe the affidavit was circulated by the Chamber of Commerce.
  4. I am not disputing your client's right to own property. Far from it Mr..Ms. ???. My personal disappointment is in how the matter is being handled, and how tawdry the property currently looks. I will be glad to personally maintain or pay to maintain the stretch along the Toccoa River the property is located on. It is a shame to present a like picture to our visitors.
  5. I directly know, like and respect the owners - they are always welcome at our establishment and I hold no personal grudges.

One final point - and I simply must: I have always been taught to sign my name to a letter. I frankly found it very disrespectful that you chose to hide behind a pseudonymous signature. Nothing to be ashamed of - this is a discussion!

Sincerely,

Geza

 

 

Apr 20, 2011 02:44 AM #2
Anonymous
Sydney

Geza,

 

Forgive me but I thought the two of you were not going to take sides. Your recent post have proven differently. I did not spend a lot of money at the Lily pad but I did enjoy the two of you. My loss.

Take care and have a nice life

Sydney

Jun 21, 2011 01:40 PM #3
Anonymous
Sydney

By the way Geza would you please remove the picture on our property from this site. We are not giving anyone permission to use, advertise or publish pictures of our property.

Thank you for your co-operation.

Sydney 

Jun 22, 2011 08:43 AM #4
Rainer
47,396
Geza Csuros
Geza Design - Blue Ridge, GA

Dear Sydney 

It seems you are the one making us take sides ... You are right - your loss, if you make it so. The picture is not of your property but of a friend kayaking the Toccoa River!

Other than the above mentioned, we do like you guys and you are always welcome here at the Lilly Pad -  whether you spend money or not.

Geza

Jul 21, 2011 04:02 AM #5
Anonymous
Sydney

Geza,

Please tell me how I am making YOU take sides? By recommending the lily pad to every nice person I meet. This may be hard to believe but there are a lot more people who like me than dislike me and who support what I am doing defending PROPERTY RIGHTS and wonder of wonders in a way I am defending your right to own YOUR PROPERTY and enjoy it in peace. I would NEVER recommend people to band together to take YOUR property. What if someone wanted your place to turn it into a childs fun place while some one other than you would determine who would use it. All because they would make more money for themselves. We don't want any ones money and I can't see how our defending our property  rights affects you. So I won't be recommending your place any more so you won't have to worry about being 2 faced, nice to my face but talking against me behind my back. 

Jul 24, 2011 11:34 AM #6
Rainer
47,396
Geza Csuros
Geza Design - Blue Ridge, GA

Sydney, Sydney - what makes people so angry with life in general. It must be a terrible burden.

We still love you guys, so no hard feelings from my side. Just FYI - as per my original post: I have no problems with your property right - My problem is with how you are handling it and how trashy the place looks. I support and always have supported your right to own real estate. I have always told people that you and Rita were right – than you guys changed. Your actions negate your original theorem.

So, as far as I am concerned, these are my last lines on the subject. You may come by any time and you will get a hug, which is not double faced it never has been! 

Geza

Jul 26, 2011 01:59 AM #7
Anonymous
Sydney

Because we are letting our property go back to it's natural state that means it's trashy? For the last 5 summers I have kept all the growth cut down so people could take pictures but as it turns out it became an open invitation for people to stop and play. With all my signs taken down most of the folks do not know it is private property. Trashy no natural yes. We can see the river just fine from our porch so we were keeping it cleared for other people but no more. This will also be my last comment about this subject or any other.

 

Sydney 

Jul 26, 2011 03:31 AM #8
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