It will be up to the courts to decide if the canals that run through Wedgefield Plantation -- and the maintenance costs -- are the responsibility of the state or the homeowners.
Wedgefield residents Carol Zieske, Fred Thomas and George Wilson filed a lawsuit in the 15th Circuit Court against the state and the Wedgefield Property Owners board of directors because they feel they, and their neighbors, should not have to foot the bill for the more than $1 million worth of dredging that is needed to get adequate water flowing through the canals once again.
Residents on the canal say that not dredging ruins property values because the canals can only be used at high tide.
"All I can tell you is that our attorney has told us not to discuss it,'' said Wedgefield POA vice president Jude Davis. "We'll see what happens."
The suit states on Aug. 18, the POA approved "annual and special assessments" against the residents to dredge the canal.
"There is nothing on record at the Office of the Register of Deeds of Georgetown County to verify" Wedgefield residents have title to the canals," the suit states.
There is a quit claim deed conveyed to the Wedgefield Property Owners Association by developers in 1994.
Since there are no legal documents showing the canals belong to Wedgefield, the plaintiffs say they are not obligated to foot the costs for the dredging.
Currently, there are 577 members of the Wedgefield Plantation Association. Only 81 are canal-adjacent property owners.
There is no access to the canals within Wedgefield for anyone except those property owners.
At a community meeting in August, the POA voted 5-4 to move forward with the dredging plans by increasing the yearly fees for residents by $175 for five years.
The canal-front property owners would be charged an additional $5,000 one-time fee.
No date has been set for the case to be heard in court but one court official said it could be more than a year.
and on that note! : 12/20/2009
I can't wait to park my brand new Sea Ray in the canal behind my house.
Posted by on 11/3/2009
Thats good cause I cant wait to park my new sea ray behind YOUR house too!
Good idea : 11/8/2009
Good idea. It needs to be settled once and for all. The last lawsuit settled nothing, just postphoned it. As I recall I don't believe I signed anything indicating that my fees were to go to amenities I did not have access to. By the way I don't think I am the loudest, but I don't care who knows what I think. Regards
: 11/7/2009
Mr. Burton, with all due respect, you are one of the people complaining the loudest when you don't fully understand the issue. Regardless of who is in control of the board Wedgfield has a legal responsibility to maintain the canals. You bought a home in an HOA controlled community, your dues go toward maintenance of ALL amenities,even ones you don't have access to. That's the way it was set up. Maybe it wasn't properly explained to you when you bought, but that is not the issue. This lawsuit is actually a good thing for it will settle this issue for good.
Canals : 11/7/2009
Ok, I suppose I don't know the history o f the canals. I assumed they were part of the Wedgefjeld rice plantation. I would still contend that the canals will continually be an issue as the banks are not protected from errosion. Also during the surge of a major hurricane the water from the river will cover all the rice fields including the canals. It will be like one big assed river out there. When it recedes everything from the river and fields will be there. There goes a million $ in dredging.
: 11/7/2009
The Wedgefield Canals were NOT built with slave labor. They were part of the original PUD developed in the 1970's and were dug out by the developers.
: 11/6/2009
Maybe you would rather waste your money on attorneys, but you didn't hire a very good one.
Canals never meant to be navigable : 11/6/2009
These canals were built by slave labor for the benefit of the wealthy and they were never meant to be navigable. The first hurricane we experience after they are dredged will fill them back in. Now we are asked to increase the wealth of the wealthy, just like the slaves did. I had rather pay a lawyer.
: 11/5/2009
I do not live on the canals, but am not against the dredging.I can't understand how my fellow neighbors can be so sort sighted. $175 per year is not a lot to pay and everyone will see a return on their investment. I think the people fighting this are jealous more than anything.
Wedgefield dredging issue : 11/4/2009
Ms. Zieske and her "concerned citizens' group have filed the lawsuit on your behalf, the homeowners. Of course, they're going to knock on your door and ask for money. They are representing you, like it or not, in this suit.
Wedgefield Dredging : 11/4/2009
To the person who wrote and said they left the community because of the "prevalent immaturity"..We have lived here for 20 years. The only "immaturity" we have seen here has been from someone like you who was probably born and raised here and NOBODY is going to tell them how to keep their property, how many cars can be parked on the front and side lawns, how fast their teenager can drive on the roads, that your dogs cannot roam freely, etc., because rules are for everyone else. Not You. This community is better off with you gone.
: 11/4/2009
That poll is ridiculous. Why should the State of SC have to pay to dredge a private canal?
: 11/4/2009
Carol Zieske and her "gang" need to stop knocking on my door and sending me letters begging for money. No one in their right mind is going to support their silly lawsuit. If they want to file frivolous lawsuits, they should do it on their own dime.
: 11/4/2009
Mike and Jude Davis are heroes to the community. Some people are just too stupid to see it.They have spent countless hours and countless dollars for the benefit of everyone. That's right I said EVERYONE. When that canal is dredged everyone will see increases in the value of their home. You will see a renewed interest in Wedgefield from prospective buyers. The plan that is on the table is very fair to interior lot owners. Before Jude was on the board tens of thousands of dollars were being wasted every year. Before you attack her you need to get your facts straight.
Relinquish : 11/3/2009
Jude Davis needds to relinquish her presidency and take up a collection from all of her rich friends to pay the entire amount of the dredging instead of expecting people to pay who don't have access to the canals - I left the community because of the prevalent immaturity!!
: 11/3/2009
Some of you seem to be missing the real issue here. It isn't really whether the State should pay for dredging. It's about whether those 496 residents should be forced to invest in something that ONLY the other 81 residents will see a return on. Using the fact that the State owns claim to all tidal waters is the basis to stop the forced poor investment
: 11/3/2009
I can't wait to park my brand new Sea Ray in the canal behind my house.
: 11/3/2009
I don't know, this is almost stupid and wasteful enough to qualify for stimulus money.
: 11/2/2009
The state is no more responsible for the canals at Wedgefield than they are for the beach at Debourdue.The state is not going to pay for either one.