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Dream lake getaway becomes tax nightmare
Yonah leaseholders contest Oconee levy
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— Tony Tecson thought he had his dream getaway when he acquired a lease from Georgia Power on property at remote and little known Lake Yonah.

Located in the northeast Georgia Mountains, Lake Yonah is the sixth lake on Georgia Power’s chain of lakes. It is downstream from Tallulah Gorge and Lake Tugalo. The lake is bordered on its west side by Habersham and Stephens counties in Georgia and on the east side by Oconee County. The next lake downstream of Yonah is Hartwell.

Tecson said there are no public roads in the area and most lots, such as his retreat, are accessible only by boat.

However, Tecson’s peace and tranquility got an unexpected jolt when he received a hefty tax bill from the Oconee Tax Assessor’s Office in November 2008. The bill also demanded penalties for back taxes.

Tecson was not alone. The assessor sent bills to 20 other families that have leasehold properties on Lake Yonah. Tax bills ranged from $1,000 to more than $6,000 for each of the past four years. Most leaseholders owe more than $10,000 and some more than $20,000 total.

UNFAIR TAXES?

Representatives from some of the Lake Yonah families brought grievances before the Oconee County Council on Tuesday night. They claim the taxes, particularly the back taxes, are completely unfair.

Tecson told councilmen that families are not trying to get away from paying their taxes. He said Lake Yonah never had a map tax number until 2008.

“My request is for you to do what is fair, do what is right,” Tecson appealed to the council.

Bill Orr also addressed the council and said Lake Yonah leaseholders have never received basic services from Oconee. He said his children were not allowed to attend Oconee County schools and had to be enrolled in Stephens County schools in Georgia. Orr said he could not understand why Oconee was adding penalties to tax bills prior to 2008.

“How can I be charged penalties when I never received a tax bill to begin with?” Orr asked. “They are punitive and should be dropped.”

LEGAL WRANGLING

Bill Turk, who identified himself as a former councilman in Homer, Ga., said he had to tap his son’s college fund to pay $16,000 for back taxes charged by Oconee. He said all the leaseholders had to pay their tax bills or otherwise their appeal would not be heard.

“You’re back taxing us, fining us for no reason,” Turk said. “This is not the right way to do it.”

Atlanta, Ga. attorney G. Bert Clark Jr. wrote a letter on behalf of the 21 affected families claiming that South Carolina already has taxed Georgia Power for its total landholding during 2005-2008. He said that tax bill to Georgia Power included the families’ lots.

“Therefore, to tax us for 2005-2008 would be double taxation, because Georgia Power received and paid the tax bills until 2008,” Clark wrote.

Furthermore, Clark calls on the county to treat Lake Yonah as a special tax district and families’ taxes be adjusted downward so they reflect the services provided.

“Because the county has never provided services and is not in a position to improve services, we believe our properties should be taxed differently from other parts of the county, until such time as the county can provide the same services that are enjoyed by other residents,” Clark added in his letter.

Councilman George Blanchard told the group that it would be highly inappropriate for the council to comment because they have appealed to the Board of Tax Appeals.

The board is scheduled to hear the Lake Yonah case today.

Comments

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  1. January 22, 2009

    9:24 a.m.
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    odj (Anonymous) says...

    Ripping off hard working citizens has become a local and national problem as far as taxes are concerned.

  2. January 22, 2009

    12:05 p.m.
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    Kat (Anonymous) says...

    I don't get it. Is the property in SC or GA? If in GA, why should they have to pay SC taxes anyway?

  3. January 22, 2009

    3 p.m.
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    odj (Anonymous) says...

    I am not sure how this happens. I know that people who buy property on the lake between Anderson County and Oconee County (down around Portman Marina),have the property listed at both Counties at the Register of Deeds. If you go into Yonah on the Georgia side below the Yonah Dam, it is considered Georgia, but I don't see how SC could expect revenue from this portion. Just like the Chattooga separates SC and GA, but you are taxed according to which side you reside, not both. Another Humm............

  4. January 22, 2009

    3:25 p.m.
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    fredatwork (Anonymous) says...

    Okay, this is totally confusing. Have done closings for Georgia Banks that give these owners mortgage on their homes ONLY. These people do NOT own the land, they lease it from Georgia Power. I have not been there but from I understand it is in Georgia, so I have no idea why they would be taxed from Oconee County. It then says that Georgia Power has been paying the taxes on the land, which makes sense because they own it by why pay to Oconee County?? Very confusing unless it is like in the middle of Georgia and South Carolina as odj has described some properties that are in the middle of county lines. Can't wait to see how this comes out - I feel for those people. Maybe Oconee County's excess of $62 million isn't enough for them!!!! Wonder where all that money is going to?? Certainly not the schools!!! Maybe going to pay their new ANDERSON (not Oconee) lawyer.

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