A Talladega County family claims county officials devastated their property after entering their land and draining their lake.
“It looked like Chernobyl,” Joshua Baxley said.
In photos shared with 1819 News, you can see dead fish and mud where the family’s private lake used to be. Thankfully, the lake has started to fill up again, but the Baxley family wants accountability.
“This was devastating to my family,” said Baxley. “Spending evenings on the lake was something we looked forward to. Instead, I had to comfort my six and four-year-old daughters as they stared into a muddy pit filled with thousands of dead fish and turtles. It was traumatic.”
The couple bought the property in March 2020 and plans to build a house there. Just six months after buying the property, Baxley said Talladega County entered the property to perform an inspection without contacting the owners.
“They actually cut the locks on my gate to enter the property to perform inspection or maintenance on this lake site without calling me, notifying me, asking permission or anything like that,” Baxley explained.
After contacting the county, he was told the county had an easement to manage the watershed. However, Baxley never received documentation of that easement. The county continued to enter the property, even mowing the grass along the dam.
“I let him do that because mowing the dam helps me,” said Baxley. “It takes maintenance away from me. I don't have to mow it. So, I was happy about that part of it. But then in 2024, they said that they were going to come in and lower the water level some to look at the drain structure.”
That’s when things took a turn for the worse. Baxley said the county called him to notify him that the valve did not close properly, and his lake was empty.
“I'm thinking at that point, ‘Okay, there's a little water in it.’ I didn't think it was a natural disaster,” Baxley told 1819 News. “And then I saw it, and it looked like Chernobyl.”
The private lake that Baxley took his daughters to fish and relax was gone.
“There were fish dead everywhere,” he remembered. “Like, there is not a drop of water in it, and I mean, that just, that was gutting. Absolutely gutting.”
Baxley said the smell was overwhelming.
At first, Baxley said the county agreed to work with them. However, when the family received an estimate of $40,000 for repairs, they said the county refused to take responsibility.
Baxley has filed a civil lawsuit against the county, claiming officials trespassed onto their property and drained their lake without permission. Baxley’s wife, Alyssa, who is also an attorney, is representing her family.
“This isn’t about money; it’s about accountability,” said Alyssa Baxley. “The government can’t cut locks, trespass onto private property, and destroy it under the guise of public work. Property rights are foundational, and I’m shocked our county officials didn’t proactively make this right.”
The lawsuit claims trespass, nuisance, negligence, wantonness, conversion, unconstitutional taking (inverse condemnation) and negligent supervision and training, seeking damages for the destruction of the lake, loss of fish and wildlife habitat, restoration costs, and punitive damages against named officials.
Talladega County officials have not responded to a media inquiry into the matter.
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